Can I Receive Asylum in the United States?

Every year, countless people travel to the United States with the intention of living and working here. Most of these individuals seek to reunite with their families or find better economic opportunities. In many instances, though, people come to the United States for far different reasons. As of 2025, about 1.5 million asylum cases are pending in U.S. courts. Asylum is protection granted by the United States government to individuals who may face harm, unjust imprisonment, torture, or death if they return to their country of origin.

Receiving asylum grants the asylee the right to remain in the U.S. without fear of deportation. Although the U.S. has a comprehensive asylum program in place, it can be incredibly challenging to qualify. Out of the number of pending cases, only about 54,000 people were granted asylum in 2023. While the number of approved cases has steadily risen through the 2020s, the number of applicants still far outpaces the number of approvals.

Consulting an experienced asylum immigration attorney, such as Ruth Jean at Jean Law Group, LLC, can increase your chances for a speedy and smooth asylum process. The attorney can review your case and ensure it moves through the immigration court system as quickly as possible.

What is Asylum?

Asylum is a form of protection afforded to non-U.S. citizens who are physically present in the country and who have a reasonable fear that they may be harmed, unjustly imprisoned, or killed if they return to their place of origin. 

An individual may apply for asylum if they are facing persecution in their country of origin due to:

• Race
• Religion
• Nationality
• Membership in a Particular Group or Organization
• Political Opinion or Affiliation

In many instances, individuals may qualify for asylum without being aware that they fit the criteria. For example, LGBTQ+ individuals qualify under “membership in a particular group.” The same holds true for individuals impacted by HIV who may face persecution for their status. Suppose you are a woman who has faced violence either in your home country or on your immigration journey. In that case, you may additionally be able to seek assistance through the Violence Against Women Act, or VAWA.

Many more people qualify for asylum than they realize. This is why if you or a loved one believes you may qualify for asylum to remain in the United States, contact an experienced immigration asylum attorney.

Is Asylum the Same as a Green Card?

Although many people who have been granted asylum go on to receive their Green Card, they are not the same thing. Asylum is a special protection given to people who would be at risk if they returned to their place of origin. A Green Card authorizes a person not from the United States to live and work in the country.

Although asylee status grants a person the right to work in America, it does not come with all of the same privileges as a Green Card. However, asylees may apply for a Green Card one year after they have been granted asylee status. An experienced immigration and asylum attorney can review the key differences between Green Cards and asylum status, and how to go about obtaining each on your immigration journey.

How Long Does it Take to Get Asylum?

It is the stated goal of U.S. immigration to review and reach a decision on each asylum application within six months. However, the sheer number of asylum applicants means there are often delays. There is no set answer for how long a person’s asylum application will take. 

Processing time can vary depending on a variety of factors, including but not necessarily limited to the number of applicants, time of year, and the precise circumstances of your case.

If you have not been approved for asylum within six months, you may generally apply for an Employment Authorization Document, or EAD. This is an authorization that will allow you to seek work while waiting for your asylum decision. An asylum attorney can review your case, help determine an estimated processing time, and, if necessary, aid you in the process of applying for and receiving an EAD.

Is Everyone Eligible for Asylum?

Even if you meet the criteria to apply for asylum status, certain individuals may be rejected based on specific criteria. Because of the large number of people seeking asylum, the United States is stringent when it comes to rejecting applicants based on asylum bars.

Asylum bars are criteria that automatically disqualify an applicant from receiving asylum. These bars are in place both to prevent potentially dangerous individuals from exploiting the asylum process and to keep the number of review cases lower by eliminating certain people outright. 

Some examples of asylum bars include, but are not limited to:

• Committing a Serious Crime in the United States
• Having Been Convicted of a Serious Non-Political Crime Outside the United States
• Having Actively Engaged in Persecution in Your Country of Origin
• Having Already Settled in Another Country Before Coming to the United States
• Committing, Planning, or Engaging in Terrorist Activities
• Belonging to a Terrorist Organization

If you or a loved one meets one or more of these criteria, consult with an experienced immigration and asylum attorney before applying for asylee status. While meeting an asylum bar may make your case challenging, there may still be a path forward to immigration. Our compassionate and dedicated asylum attorney can review your case and help you determine the best path forward.

What Should I Do if I Need to Apply for Asylum?

America offers protection and opportunities for individuals to seek new, safe lives alongside their friends and family. Many people are eligible for this special protection, but are unsure how to apply. Others are uncertain if they qualify and stop the process at this point. This is often a mistake. Many more people are eligible for asylum than realize, and even those who aren’t frequently qualify to immigrate to the United States through other programs, such as through their m arriage. This is why if you or a loved one is seeking asylum status in America, it’s vital you immediately contact Ruth Jean at Jean Law Group, LLC.  

Ruth Jean takes a compassionate, sympathetic, and thoughtful approach to asylum status applications. She considers the full extent of your experiences and ensures you have the best representation possible for your asylum case. She takes her role as an asylum attorney especially seriously and works with her staff to ensure her clients are safe, protected, and prepared to start new lives.

Seeking asylum status can be intimidating. Ruth Jean and her dedicated staff will help make sure it’s a positive experience for you and your loved ones, and an opportunity for a fresh beginning. If you or a loved one needs to apply for asylum status in Florida, don’t hesitate: call 954-951-8773 to schedule a consultation now.