Types of Asylum in the U.S.: A Guide for Applicants

Getting asylum in the United States is a means of survival. Every year, thousands of people ask the U.S. government to save them from persecution through asylum protection.  

This blog walks you through the types of asylum in the U.S., explains how the process works, and differentiates between affirmative and defensive asylum. By the end, you’ll understand the different asylum categories and how the system protects people at risk. 

What Is Asylum? 

Asylum is a legal protection that the United States grants to people already in the country or arriving at the border who meet the definition of a refugee. 

International law, through the 1951 Refugee Convention and the 1967 Protocol, defines a refugee as someone who: 

1. Can’t return to their home country because of past persecution, or 
2. Has a well-founded fear of future persecution. 

And that persecution must be tied to at least one of these five protected grounds: 

1. Race 
2. Religion 
3. Nationality 
4. Membership in a particular social group 
5. Political opinion 

So, if you’ve been harmed, threatened, or discriminated against because of one of these reasons, or if you fear it will happen if you return to your country, asylum may be available to you. 

Types of Asylum in the U.S. 

When people ask, “How many types of asylum are there in the USA?” The answer is that there are two types: affirmative asylum and defensive asylum. 

There are also asylum-related processes like the Asylum Merits Interview under the Asylum Processing Rule, protections tied to withholding of removal, and the Convention Against Torture. 

Let’s break them down. 

Affirmative Asylum 

Affirmative asylum is when you apply proactively before you face deportation. You must already be inside the U.S., legally or illegally, to file. 

Here’s what you need to know: 

1. You must file Form I-589 – Application for Asylum and Withholding of Removal. 
2. You must apply within one year of your last entry to the U.S. unless you can prove special circumstances. 
3. U.S. Citizenship and Immigration Services processes your case. 
4. If your case is denied, it can be referred to immigration court, which shifts your application into defensive asylum. 

Defensive Asylum 

Defensive asylum occurs when you’re already in removal (deportation) proceedings and ask for asylum to protect yourself from being deported. 

It can come up in two situations: 

1. You applied for affirmative asylum, but USCIS didn’t approve it and sent your case to an immigration judge. 
2. You were caught entering the U.S. without valid documents and placed directly into removal proceedings. 

Here’s what to expect: 

1. Your case is heard in immigration court before a judge. 
2. The government will have an attorney arguing against you. 
3. If the judge grants asylum, you’re safe. 
4. If the judge denies asylum, you have 30 days to appeal; otherwise, you will be deported immediately. 

The Asylum Processing Rule & Asylum Merits Interview 

Since May 31, 2022, some people entering the U.S. have gone through a faster system under the Asylum Processing Rule. 

Here’s how it works: 

1. If you’re in expedited removal but say you fear persecution, you get a credible fear interview. 
2. If your fear is found credible, you’re sent to an Asylum Merits Interview with a USCIS officer. 
3. This interview looks almost the same as an affirmative asylum interview. 
4. Even if the officer doesn’t grant asylum, they will still check whether you qualify for withholding of removal or protection under the Convention Against Torture. 
5. If denied, your case will go to an immigration judge for quick removal proceedings. However, you still have the option to seek defensive asylum. 

This system speeds up the process but also raises the stakes since interviews happen within 21 to 45 days after a credible fear finding. 

Establishing Fear of Persecution 

Winning an asylum case depends on how well you show that returning home would endanger you. Evidence matters. 

Ways to prove persecution include: 

1. Your personal testimony – telling your story in detail. 
2. Past persecution – if you’ve already suffered harm, it strengthens your case. 
3. Supporting evidence includes news reports, photos, medical records, and witness statements. 

Note: Persecution doesn’t only mean torture or prison. It can mean ongoing threats, harassment, or harm tied to your race, religion, politics, or other protected ground. 

Who can’t Get Asylum? 

Not everyone qualifies. U.S. law blocks certain people from asylum, including those who: 

• Didn’t apply within one year of arriving in the U.S. 
• Have been deported before and reentered illegally. 
• Committed serious crimes. 
• Are considered a danger to the U.S. 
• Have persecuted others. 

Stay in the Know With ImmigrationQuestion.com  

Asylum is about protection from persecution, but it is a complex process. Explore the free resources on ImmigrationQuestion.com. And if you need professional help, we can connect you with licensed immigration attorneys who can fight for your case. 

FAQs on Types of Asylum 

1. How many types of asylum are there in the U.S.?

There are two types: affirmative asylum and defensive asylum. 

2. What are the three types of asylum?

Sometimes, people consider affirmative asylum, defensive asylum, and protections under the Asylum Processing Rule (Asylum Merits Interview) to be three categories. 

3. What is the meaning of affirmative asylum?

It’s a non-adversarial process. You present your case to an asylum officer instead of a judge, hoping to be approved before removal proceedings start. 

4. What is a defensive asylum? 

It’s the version of asylum in which you fight to stay in the U.S. after deportation has already started. 

5. What’s the difference between affirmative and defensive asylum?

Affirmative cases are filed voluntarily with USCIS, while defensive cases are requested in immigration court to stop removal. 

6. Can I choose between affirmative and defensive asylum?

No. The type of asylum depends on your situation. If you’re not in removal proceedings, you apply affirmatively. If you are, you apply defensively. 

7. Where can I learn more about asylum and other immigration categories?

Check out the resources and blogs on ImmigrationQuestion.com. You’ll also find our attorney network if you need professional help.