During times of great political upheaval, people fleeing violence and persecution in their home countries often make the dangerous journey to the United States seeking asylum. The right to seek asylum is rooted in ancient Greek law (asulon, or sanctuary) and incorporated into modern law through the Refugee Act of 1980.
Asylum is discretionary, and the government has a broad discretion to grant it. It is available to anyone who can prove they have a “credible fear of harm” in their home country. There are certain limitations, however: Asylum is not available to those who have been convicted of a crime, who pose a threat to the national security or public safety, or who have committed persecution or torture of others.
Generally, you must apply for asylum within one year of entering the United States. You may file your application with the immigration court where your case is pending or with USCIS. If your case is pending in immigration court, send your request for asylum to the Asylum Office listed at the bottom of your application receipt notice. Make sure to include a money order for the correct amount payable to the Department of Homeland Security and write your A-number somewhere on it.
If you are already in removal proceedings, you can ask the judge to pause (or halt) your proceeding while you pursue your asylum claim. You may also pursue asylum after one year of entry if you qualify, but you must do so in the country where you entered (like at an airport). If you did not enter through a port of entry, you can apply with USCIS by mail.