Part of our Immigration Law FAQ. This cluster covers humanitarian protection — asylum, U and T nonimmigrant status, and Temporary Protected Status — and how they differ. For VAWA self-petitions, see our Family-Based Immigration FAQ. For the full asylum process, see our Asylum page.
What is the difference between asylum and refugee status?
Both use the same definition of a “refugee” — someone unable or unwilling to return to their home country because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion (INA § 101(a)(42)). The difference is where you are when you apply: refugee status (INA § 207) is processed from outside the United States, typically through a referral process abroad, while asylum (INA § 208) is available to people who are already in the United States or arriving at a port of entry, regardless of how they got here.
Is there a deadline to apply for asylum?
Generally yes: INA § 208(a)(2)(B) requires an asylum application to be filed within one year of the applicant’s last arrival in the United States. USCIS and the immigration courts can excuse a late filing for changed circumstances materially affecting eligibility, or extraordinary circumstances that caused the delay (INA § 208(a)(2)(D)) — but the exception has to be established, not assumed, so anyone approaching or past the one-year mark should get advice promptly rather than wait longer.
What is U nonimmigrant status, and who qualifies?
The U visa (INA § 101(a)(15)(U); INA § 214(p)) is for victims of certain qualifying crimes — including domestic violence, sexual assault, and other violent or exploitative offenses — who suffered substantial physical or mental abuse and who have been, are being, or are likely to be helpful to law enforcement in investigating or prosecuting that crime. It requires a certification (Form I-918B) from a law enforcement agency, prosecutor, judge, or certain other qualifying officials, and Congress caps principal U-visa grants at 10,000 per fiscal year, which drives a substantial waiting list. See our U Visa page for the full process.
What is T nonimmigrant status?
The T visa (INA § 101(a)(15)(T)) is for victims of a severe form of human trafficking — sex trafficking or labor trafficking — who are physically present in the United States on account of the trafficking, and who comply with reasonable requests from law enforcement to assist in the investigation or prosecution (with exceptions for those under 18 or unable to cooperate due to trauma). Unlike the U visa, T status does not require a law-enforcement certification, though evidence of cooperation still strengthens the case. Principal T-visa grants are capped at 5,000 per fiscal year under INA § 214(o).
What is Temporary Protected Status, and how is it different from asylum?
TPS (INA § 244) is a country-based designation the Secretary of Homeland Security makes when conditions in a specific country — armed conflict, environmental disaster, or other extraordinary conditions — make it unsafe for nationals to return. TPS is temporary and tied to the designation period; it protects against removal and provides work authorization, but on its own it does not lead to a green card and requires nationality from a currently designated country, not an individualized showing of persecution the way asylum does. See our TPS page for currently designated countries and deadlines.
Can I work while my asylum application is pending?
Not immediately. An asylum applicant may apply for an Employment Authorization Document under the “(c)(8)” category, but only after the asylum application has been pending 150 days without a decision caused by the applicant (the “asylum clock”), and the EAD itself cannot be granted before day 180. Delays the applicant causes — such as requesting a continuance — can pause the clock. We track this timing closely, since filing the EAD application at the earliest eligible moment matters.
Next: citizenship & naturalization; removal, detention & appeals. These FAQs are general information, not legal advice, and do not create an attorney-client relationship.
What is withholding of removal, and how is it different from asylum?
Withholding of removal under INA § 241(b)(3) bars the government from deporting you to a country where your life or freedom would be threatened on account of a protected ground. The standard is higher than asylum’s — a “more likely than not” probability of persecution rather than a well-founded fear — and the benefit is narrower: no path to a green card, no protection for family members, and no right to return if you leave. Protection under the Convention Against Torture (8 C.F.R. §§ 1208.16–1208.18) works similarly for torture claims. These are the fallback protections when the one-year asylum deadline or a criminal bar closes the asylum door.
Can my spouse and children get protection through my asylum case?
Yes. A spouse and unmarried children under 21 who are in the United States can be included as derivatives on your asylum application, and if you win, family members abroad can follow you: INA § 208(b)(3) lets an asylee petition on Form I-730 within two years of the grant. Marriages must exist when asylum is granted, and children’s ages are locked in at filing — so identify every eligible family member before the case is decided, not after.
Can I travel abroad after being granted asylum?
Travel is possible but full of traps. An asylee should travel only on a Refugee Travel Document (8 C.F.R. § 223.1), not the passport of the country of claimed persecution — and returning to that country can be treated as voluntarily re-availing yourself of its protection, a ground for terminating asylum under INA § 208(c)(2)(D). Talk to a lawyer before booking any international travel while you hold asylee status.
How do I get a green card after winning asylum?
One year after the asylum grant, you can apply to adjust status under INA § 209(b) by filing Form I-485 with proof of one year of physical presence in the United States (8 C.F.R. § 209.2). You must still be a refugee within the statutory definition (or the spouse/child of one) and remain admissible, though several inadmissibility grounds are waivable for asylees under INA § 209(c). Filing promptly matters — asylum can be terminated if conditions change, but permanent residence is far more secure.