People seek asylum to avoid persecution in their home country for a wide range of reasons. These include being persecuted because of their nationality, religion, sexual orientation, political beliefs or membership in a social group, and being physically threatened with harm or torture. Migrants, on the other hand, move to a new country for a variety of reasons including seeking work, education and family reunion.
To obtain asylum a person must be in the United States and be encountered by a CBP officer at an airport or border crossing. The applicant will undergo an interview with a USCIS asylum officer to determine whether he or she has a credible fear of persecution in the future, and therefore should be granted asylum, withholding of removal, or protection under the Convention Against Torture. Family members of the primary asylum applicant may be included in the interview process as “derivatives.”
In countries that are parties to the 1951 Refugee Convention and have a national asylum procedure, UNHCR does not examine or decide on asylum applications, but rather offers advice and technical support. Individuals who qualify for asylum have a right to protection from return to danger (non-refoulement), permission to remain in the country, humane treatment and access to durable solutions.
However, a person’s legal status does not fully capture who they are. They are a husband, father, student, artist, passionate football fan and more. Despite the trauma of fleeing their homes, most people who apply for asylum feel they can thrive in America.
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