Every year, people arrive in the United States not for opportunity or adventure, but for safety. They’re not chasing the American dream—they’re running from nightmares. Asylum, at its core, is a humanitarian safeguard. It’s a legal protection for those fleeing persecution, and in today’s global landscape, it’s more important than ever to understand how it works.
While headlines and talking points often oversimplify or politicize asylum, the process itself is anything but simple. Behind every application is a person—sometimes a child—navigating a legal maze in a language they may not speak, with their future hanging in the balance. This article breaks down what asylum really is, who qualifies, how the process works, and why delays and challenges have become such defining features of the system.
What Is Asylum?
Asylum isn’t a loophole—it’s a lifeline, grounded in international law. It allows people already in the U.S. or at its border to request protection from persecution in their home countries. Both U.S. and international law recognize asylum for those who meet the legal definition of a refugee—it’s not just policy, it’s a protected right.
“In FY 2022, the U.S. granted asylum to 36,615 individuals, with Venezuela, China, and El Salvador among the top countries of origin.”
According to the 1951 United Nations Convention and the 1967 Protocol, a refugee is someone who cannot return to their home country due to a well-founded fear of persecution based on one or more of the following grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
The U.S. adopted this definition into its Immigration and Nationality Act (INA), making asylum a legal right, not a discretionary favor. The process is there to protect—not to punish—those who meet these strict, but vital criteria.
Asylum Eligibility Requirements
To apply for asylum in the U.S., a person has to already be here—or at the border—and show they have a real fear of being persecuted for one of five specific reasons. It’s not enough to fear general violence, poverty, or unrest—there has to be a targeted threat.
A few key things that can bar someone from asylum include:
- Missing the one-year deadline to apply (unless exceptions apply)
- Being involved in the persecution of others
- Having committed certain serious crimes
- Being considered a national security threat
These eligibility requirements are strict by design—but they’re also deeply human. They’re meant to protect people fleeing real danger, while also preventing abuse of the system.
The Asylum Application Process
There are two main pathways for seeking asylum in the U.S.: affirmative asylum and defensive asylum.
Affirmative asylum is available to individuals who are not currently in removal proceedings and want to request protection through the standard application process. They apply proactively through U.S. Citizenship and Immigration Services (USCIS), attend an interview, and await a decision. If denied, the case may be referred to immigration court, where it becomes defensive.
Defensive asylum is requested as a defense against removal (deportation) in immigration court. This usually follows a denied application or apprehension by immigration officials at the border.
“Refugees are people who have fled war, violence, conflict or persecution and have crossed an international border to find safety in another country.”
A significant update affecting both processes is the Asylum Processing Rule, which aims to streamline cases and shorten the time between application and decision. While this rule intends to make the system more efficient, critics argue it may also speed up timelines at the cost of fairness—especially for those without legal representation.
In both tracks, applicants may go through a credible fear interview or reasonable fear interview—initial screenings that determine whether their claim deserves a full hearing.
Benefits of Being Granted Asylum
Being granted asylum in the U.S. opens doors that were once sealed shut by fear. It offers:
- The ability to live and work in the U.S. without fear of being forced to leave.
- Eligibility to apply for a green card after one year
- The chance to reunite with immediate family
- Access to certain social services, including assistance for refugees
It’s more than paperwork—it’s a fresh start and a shot at building a life without fear. Asylum grants people the chance to rebuild with dignity, safety, and a future no longer overshadowed by fear.
Challenges Facing Asylum Seekers
Even with legal protection on the books, the road to safety is riddled with roadblocks.
For one, navigating the asylum process without a lawyer is incredibly difficult. The law is complex, and many seekers can’t afford legal help. Asylum seekers held in detention facilities face even greater barriers—limited access to counsel, isolation from resources, and immense psychological stress.
Language barriers, trauma, and fear of retaliation for speaking out can also complicate an already intimidating process. And with each step, there’s uncertainty. Unlike other immigration processes, asylum doesn’t offer much predictability. A lot hinges on individual interviews and court appearances, and outcomes can vary dramatically depending on location or assigned judge.
Current Backlogs and Delays
One of the most significant challenges asylum seekers face is the immigration backlog. As of early 2025, the U.S. immigration system is processing over 1.5 million pending asylum cases, many of which are years old.
“If you are placed in expedited removal and indicate an intention to apply for asylum, you will receive a credible fear interview by an asylum officer.”
According to data from TRAC Immigration, the average wait time for an asylum hearing in immigration court now exceeds four years in some jurisdictions. That means families wait years in limbo—unable to fully settle, uncertain whether they’ll be allowed to stay, and often without work authorization for extended periods.
The backlog not only delays justice but also erodes trust in the system’s ability to protect the vulnerable.
Statistical Overview of Asylum in the U.S.
Despite the challenges, tens of thousands of people are granted asylum in the United States each year. According to U.S. Department of Homeland Security and TRAC reports, in recent years the top countries of origin for successful asylum grants have included:
- Venezuela
- China
- El Salvador
- Guatemala
- Honduras
In 2022, for example, over 36,000 individuals were granted asylum. While this is a fraction of total applicants, it represents lives changed, families protected, and futures reclaimed.
Summary
Asylum in the United States is more than a legal status—it’s a promise. A promise that persecution won’t go unanswered, and that human dignity still matters. But for that promise to mean something, the system must work—fairly, efficiently, and humanely.
Understanding how asylum works, who qualifies, and what obstacles exist isn’t just for lawyers or policymakers—it’s for anyone who cares about justice. Because behind every asylum claim is a person asking for one simple thing: the right to be safe.
Susan Han is an Immigration Attorney in Maryland with The Law Office of Susan Han. Susan Han focuses on petitions for Green Card Lawful Permanent Residency and Citizenship and advises families, individuals, and businesses regarding the immigration laws. Susan Han primarily focuses on family-based petitions for spouses, parents, children and siblings. She also focuses on helping people apply for U.S. Citizenship and Naturalization.