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Understanding the Asylum Process In the U.S. The asylum process in the United States offers protection to individuals who have fled their home country and are unable to return due to a fear of prosecution. To qualify for asylum, a person must be a refugee and in the United States when they apply for protection. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone who is unable to return to their home country due to persecution or a fear of persecution based on their: Race Religion Nationality Membership in a particular social group Political opinion Persecution is usually physical, but it can also be emotional or psychological. There are two pathways to applying for asylum in the United States. If you're in the United States and not subject to removal (deportation) proceedings, you can proactively apply for affirmative asylum. If removal proceedings have already been started against you in immigration court, you can apply for defensive asylum. You can file for affirmative asylum regardless of your immigration status in the United States—whether you hold another temporary visa like a student visa, your immigration status has lapsed or expired, or you entered the United States illegally. The asylum process is a pathway to permanent residency. You can apply for a green card one year after being granted asylum.