Many people from around the world flee violence, persecution and danger in their homelands. When they seek refuge, they are asking to live and work in a safe country. This is known as asylum. The right to seek asylum is a fundamental human right enshrined in international law. International agreements, such as the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 protocol, define the legal definition of a refugee, as well as basic principles for granting protection. These principles include the prohibition on returning a person to a place where they would face persecution (the principle of non-refoulement).
People can apply for asylum in any country, whether it’s their own or another’s. They must show that they have suffered persecution on the basis of their political beliefs, religion, sexual orientation, or membership of a particular social group in the past and have a “well-founded fear” of future persecution.
In the United States, asylum seekers are given a chance to present their case in an immigration court. At their first Master Calendar hearing, an immigration judge and Homeland Security will review the case and determine if you meet the definition of a refugee and can receive asylum. If you don’t qualify for asylum, other backstop forms of protection such as withholding of removal or relief under the Convention Against Torture may be available to you.
Asylum seekers can add their spouse and children under the age of 21 to their asylum application. The filing of an asylum application legally “freezes” their ages so that even after the judge grants you Asylum, they will not be considered adults and cannot be removed from the U.S.