A woman wearing a hijab comforts at a man with shoulder-length hair who is facing away from the camera.

How Humanitarian-Based Immigration Works in the U.S.

July 13, 2026
The goal of humanitarian-based immigration (refugees and asylum seekers) is to provide safety for those fleeing persecution in their home country.

The immigration system in the U.S. is notoriously complicated. There is a lot of misinformation about the immigration process and how people can become U.S. citizens.

There are four primary avenues for lawful entry into the United States: family-based immigration, employment-based immigration, refugees & asylum seekers, and the diversity visa program. In this post, we'll explain the basics of humanitarian-based immigration in the U.S.

The information provided below is a summarized version of the American Immigration Council’s fact sheet titled: “How the United States Immigration System Works.” Originally published: June 24, 2024

This information has been reviewed by an immigration attorney and is for educational purposes only. Please consult a licensed immigration attorney for legal advice.

Refugees and Asylum-Seekers Immigration- Printable Version

Refugees and Asylum-Seekers: An Overview

Refugees and asylum seekers are eligible to become Lawful Permanent Residents as a refugee or one year after receiving asylum.

Refugees and Asylum-Seekers

Refugees:

  • Each year, the president, in consultation with Congress, determines the number of refugee admissions. Refugees apply for admission from outside the United States.
  • Refugees are admitted to the United States based on the inability to return to their home countries because of a “well-founded fear of persecution.”

Asylum Seekers:

  • Asylum is available to people who arrive to or are already in the United States. This protection is granted based on the same protected grounds as refugees.

Affirmative Asylum & Defensive Asylum

Asylum applications can be split into two kinds of applications: affirmative asylum or defensive asylum.

Affirmative Asylum

Affirmative asylum is for those proactively seeking asylum.

Affirmative Asylum Timelines:

Currently, affirmative asylum applications take 5-6 years to obtain an interview with U.S. Citizenship and Immigration Services (USCIS). Then, USCIS can take another 1-10 years to approve or deny the application. If the application is denied, the client will be removed from the U.S.

Defensive Asylum

Defensive asylum is for those facing deportation to dangerous places or situations.

Defensive Asylum Timelines:

Currently, defensive asylum applications filed with the U.S. Immigration Court take 4-5 years to obtain a final hearing. Then, the Immigration Judge will decide whether to approve or deny. If denied, the client will be removed from the U.S.

Learn more below about other immigration pathways in the United States.

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