Refugees and Asylum

Refugee or asylum status may be granted to aliens who have been persecuted or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, and/or political opinion.

Refugees

Refugee status may be granted to aliens who:

• Meet the definition of refugee, as defined in section 101(a)(42) of the Immigration and Nationality Act (INA);
• Are not subjected to a mandatory bar;
• Are admissible to the United States;
• Are outside of the United States; and
• Are “of special humanitarian concern” to the United States. (See section 207(a)(3) of the INA).

For more information about refugees, see the Refugees section.

Asylum

Asylum status may be granted to aliens who:

• Meet the definition of refugee, as defined in section 101(a)(42) of the INA;
• Are not subjected to a mandatory bar;
• Are physically present in the United States or have arrived in the United States; and
• File Form I-589, Application for Asylum and for Withholding of Removal, with USCIS or request asylum in immigration court proceedings as a defense against removal from the United States.

Aliens may apply for asylum in the United States regardless of nationality or current immigration status. For more information about asylum status, see the Asylum section