Asylum Status: What It Means and What Comes Next
Asylum status is legal protection granted by the U.S. government to people who have suffered persecution — or fear they will — based on race, religion, nationality, political opinion, or membership in a particular social group. This page explains what asylum status means, who qualifies, what rights you gain once it's granted, how work and travel authorization work, and how to use your asylum status to get a green card. If you've been granted asylum or are trying to understand what comes next, this is a good place to start.
Key Takeaways
- Asylum status lets you live and work in the U.S. legally without leaving the country.
- You must already be present in the U.S. to apply — refugees apply from abroad.
- If granted asylum, you can work immediately without waiting for a separate work permit.
- Asylees must obtain a travel document before leaving the U.S. or risk losing status.
- After one year of asylum status, you can apply for a green card and eventually citizenship.
What Is Asylum Status
Asylum status is a form of protection granted by the U.S. government. It allows people who have suffered persecution — or who fear persecution — to remain in the United States legally.
To receive asylum status, a person must already be present in the United States or at a U.S. port of entry. That distinguishes asylees from refugees. People outside the United States apply for refugee status. People already here apply for asylum.
Once granted, asylum status gives you the legal right to stay in the U.S. It also opens the door to work authorization, travel documents, and eventually a green card.
Who Is Eligible for Asylum
USCIS evaluates asylum eligibility under Section 101(a)(42) of the Immigration and Nationality Act (INA). To qualify, you must meet all of the following:
- You are physically present in the United States (regardless of how you entered)
- You have suffered past persecution or have a well-founded fear of future persecution
- The persecution is based on race, religion, nationality, membership in a particular social group, or political opinion
- You are not subject to any bars to asylum
To apply, you file Form I-589, Application for Asylum and for Withholding of Removal, within one year of arriving in the United States. You may include your spouse and unmarried children under 21 on your application. There is no filing fee for Form I-589.
Establishing and documenting persecution is often complex and difficult. CitizenPath does not assist with Form I-589 preparation. We recommend working with an immigration attorney for that step.
Working in the U.S. as an Asylee
If USCIS grants you asylum status, you may begin working immediately. You do not need a separate work permit to start working, though many asylees apply for an employment authorization document (EAD) because it serves as government-issued photo identification.
If your asylum application is still pending, the timeline works differently. USCIS requires a 150-day waiting period from the date you filed a complete application before you can apply for an EAD. Any delays you caused, such as rescheduling an interview, do not count toward that 150 days. There is no fee for your first EAD if you have a pending asylum application or if you have already been granted asylum.
To obtain an EAD, file Form I-765, Application for Employment Authorization. Working without authorization can jeopardize your future immigration benefits, so do not start work before you have the proper documentation in place.
Traveling Outside the U.S. as an Asylee
Travel rules depend on whether your asylum case is still pending or has already been approved.
If your application is pending: Do not leave the United States without first obtaining an advance parole document. Leaving without advance parole gives USCIS grounds to consider your asylum application abandoned. Even with advance parole, returning to the country where you faced persecution is strongly discouraged and carries serious risk.
If you have been granted asylum: Travel becomes more manageable, but you still need the right documents. If you do not have a valid foreign passport, USCIS may require you to obtain a refugee travel document before departing. Returning to the country of past persecution is not prohibited, but it can put your asylum status at risk.
To apply for either advance parole or a refugee travel document, file Form I-131, Application for Travel Document.
The Path from Asylum Status to a Green Card
Asylum status is not permanent residence — but it is a clear path to it. USCIS allows asylees to apply for a green card one year after receiving their grant of asylum.
Who Can Apply
You are eligible to apply for a green card based on asylum status if you:
- Have been physically present in the United States for at least one year after being granted asylum
- Continue to meet the definition of an asylee (or are the qualifying spouse or child of one)
- Have not abandoned your asylee status
- Remain admissible to the United States (a waiver may be available if you are not)
- Have not been firmly resettled in another country
Your spouse and children who were included in your grant of asylum — or who were admitted to the U.S. as asylees — are also eligible to apply.
Why You Should Apply
USCIS does not require you to apply for a green card. However, the U.S. government can revoke asylum status if conditions in your home country change or if you no longer meet the definition of an asylee. Permanent residence is more stable. And once you hold a green card for five years, you have a path to U.S. citizenship.
To apply for adjustment of status, you file Form I-485, Application to Register Permanent Residence or Adjust Status. Learn more about the full process: Go from asylum to green card after just one year →
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