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: 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.
