Political Asylum
Political Asylum (Not tied to a visa)
What is this?
Asylum allows individuals who are already in the United States to apply for protection if they are at risk of harm in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. You don’t need a visa to apply for asylum—if you are already in the U.S., you can apply for asylum status directly.
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Example situations:
- A person fleeing violence or persecution in their home country applies for asylum because they fear they would be harmed or killed if they return.
- A journalist or human rights activist is persecuted in their home country for their work and seeks refuge in the U.S.
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Duration:
Asylum status allows you to stay in the U.S. and potentially obtain a Green Card after one year
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Estimated processing time:
- Regular processing: 6 months to several years (the wait time can vary greatly depending on your location and the specific circumstances of your case)
- It’s often recommended to apply as soon as possible after arriving in the U.S. because there is a one-year deadline to apply for asylum
You can apply for asylum either as a refugee or through the "affirmative" process (if you are not in removal proceedings) or "defensive" process (if you are facing removal)
Free case evaluationRefugee Status
What is this?
Refugee status is granted to individuals who are outside of the U.S. and are facing persecution in their home country. Refugees are resettled in the U.S. through special U.S. programs designed to protect people who are in danger due to their political views, religion, race, or other factors. Unlike asylum, which is for those already in the U.S., refugee status is for people applying from outside the country
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Example situations:
- A person from a country experiencing war or genocide applies for refugee status because they fear for their safety and have nowhere else to turn
- A family in a country where religious persecution is common applies for refugee status because they are at risk due to their beliefs
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Duration:
The process for obtaining refugee status can be lengthy. Once granted refugee status, individuals can apply for a Green Card after one year of residence in the U.S.
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Estimated processing time:
- Regular processing: 12–24 months (depending on the applicant’s location and the U.S. Embassy handling the application)
- Refugee status can take a long time to process due to the security and background checks involved, as well as the annual cap on the number of refugees the U.S. accepts
Refugee applicants typically must be referred by the United Nations High Commissioner for Refugees (UNHCR) or another authorized entity, and their application is processed while they are still outside the U.S.
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