Asylum

To apply for asylum, an alien who is physically present in the U.S. must submit a Form I-589 (Application for Asylum and Withholding of Removal). In support of this application, the applicant must show the following:

1. He/She has a fear of persecution;
2. The fear is well founded;
3. “at least one central reason for” persecution is race, religion, nationality, membership in a particular social group, or political opinion; and
4. He/She is unable to return to the home country or country of last residence because of persecution or a well founded fear or prosecution.

Once an asylee has had asylee status for a year, he/she may apply for a green card by filing a Form I-485 (Application to Register Permanent Residence Status or Adjust Status). After the application has been submitted, USCIS will send a notice to applicants over 14 years old of an appointment to have his/her fingerprints taken after which it should mail the green card to the applicant’s home address. Certain applicants might still be required to attend an interview at USCIS offices before the green card can be issued.

A refugee travel document is issued to a person who has been granted refugee or asylum status, or to a permanent resident who obtained a green card because they were a refugee or asylee. If you hold refugee or asylee status and are not a permanent resident, you must have a refugee travel document to return to the United States. Derivative asylees and refugees must also obtain a refugee travel document before leaving the United States.

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