Disadvantages of Seeking Asylum in the U.S.

Understanding the advantages and disadvantages of seeking asylum before starting the process can make a real difference in the outcome of your case. 

Asylum is a legitimate and valuable form of protection, but it is not without challenges, as applicants may face long wait times, risk of denial, travel restrictions, and employment limitations.

At Curbelo Law, we guide our clients from the very first step so they can make informed decisions and avoid mistakes that could compromise their case. Attorney Carolina T. Curbelo, the daughter of Cuban refugees, understands firsthand what is at stake when a family seeks protection in this country.

Advantages and disadvantages of seeking asylum in the United States

Asylum in the United States protects foreign nationals who cannot or do not want to return to their home country because of persecution or a fear of being persecuted.

This protection can be requested affirmatively before USCIS or defensively during deportation proceedings before an immigration judge. Below, we will review the benefits available to a person granted asylum and the main disadvantages of the process.

Advantages of seeking asylum in the United States

• It protects against deportation. Once asylum is granted, the person cannot be returned to the country where they claimed persecution.
• It allows you to apply for a work permit. After 150 days have passed since filing the application, you may apply for a work permit if no decision has been made yet.
• It offers a path to permanent residence. One year after being granted asylum, you may apply for a Green Card.
• It allows family reunification. Asylees may request derivative asylum for their spouse and unmarried children under 21 through Form I-730.
• It may provide access to certain public benefits. Some people with asylum may qualify for Medicaid, cash assistance, and educational services.
• It gives you the right to apply for citizenship. Five years after obtaining permanent residence, you may apply for naturalization if you meet the legal requirements.
• It offers freedom and emotional stability. Leaving an environment of persecution can help a person regain emotional stability and build a life without constant fear.

Disadvantages of seeking asylum

• It is a long and unpredictable process. An application can take months or years to resolve. The immigration asylum clock also directly affects work permits.
• It has a high denial rate. In recent years, more than 60% of cases have been denied. A poorly prepared application has a much lower chance of success. In addition, a request for evidence may be issued.
• There are travel restrictions. Once the application is filed, you cannot return to the country you claimed to have fled.
• You must disclose personal information. The applicant must reveal sensitive information about their personal, political, or religious situation, which can be painful and requires careful handling.
• There are employment limitations. Until you receive a work permit, you cannot work legally. USCIS cannot issue it until 180 days have passed since the proper filing of Form I-589.
• You may be detained. Some asylum seekers are detained by ICE during the process. However, it may be possible to qualify for an immigration bond.
• Family separation may occur. If family members are not in the United States, the reunification process may take years and is not guaranteed.

What are the consequences of seeking asylum in the United States?

Seeking asylum involves real commitments that go beyond the legal process. The most important consequences include:

• The process can take months or years, with direct effects on your emotional, work, and family stability.
• You cannot work legally until you obtain a work permit, which cannot be requested before 150 days or issued before 180 days.
• You cannot return to your country. Doing so may be interpreted as evidence that the fear of persecution no longer exists and may result in the denial of your case.
• There is a risk of being detained by ICE during the review process.
• If the application is denied and you do not have another valid immigration status, you may be placed in removal proceedings. In that scenario, you may explore options such as appealing the case or evaluating whether it is possible to reopen it based on new evidence.

Tips for applying for asylum

• Consult with an immigration attorney. The laws are complex, and a professional can help you prepare a stronger application.
• Gather all available evidence: This may include police reports, articles, photographs, witness statements, and other supporting documents.
• Do not wait too long. You must file your application within the first year after arriving in the U.S., unless exceptional circumstances apply.
• Prepare emotionally. The process can be long and stressful. Look for support networks and resources in your community.

Applying for asylum is a life-changing decision. These tips can make the difference between a denied application and a real opportunity for protection.

What no one tells you about the long-term effects of asylum

Seeking asylum is a decision with a deep personal and family impact that goes beyond the legal process. These are two questions few people ask before starting:

If I apply for asylum in the United States, can I return to my country?

In general, no. Voluntarily returning to the country you claimed to have fled may be interpreted as a sign that the persecution no longer exists, which could lead to the revocation of asylum status or a deportation order. 

We explore this topic in depth in our article If I apply for asylum, can I return to my country?

Can you apply for asylum twice?

In most cases, no. The law only allows a new application when there are substantial and verifiable changes in the country of origin or in the applicant’s situation that were not considered in the first petition. 

Without evidence, the new application may be denied automatically.

How long does permanent residence through asylum take?

The process has several steps, and each one has its own timeline:

• Asylum application: It can take several months to several years, depending on whether the case is affirmative or defensive and on the immigration system’s workload.
• Legal permanent residence: The asylee may apply after one year of physical presence in the United States with that status.
• U.S. citizenship: Five years after obtaining permanent residence, the asylee may apply for naturalization if they meet the requirements.

In total, the path from an asylum application to citizenship can take many years, depending on processing times and the circumstances of each case.

For those with cases in court, understanding how the individual immigration hearing works is essential for proper preparation.

When can a person who was granted asylum apply for citizenship?

Five years after obtaining permanent residence, the asylee may apply for naturalization. To do so, USCIS requires compliance with continuous presence, good moral character, and basic English language requirements.

During that entire period, the asylee must maintain valid status and avoid returning to the country of origin without the proper documentation. You can find more general information on the USA.gov asylum portal.

What will happen to those who applied for asylum in the United States?

It depends on the status of their case. Those with pending applications must stay up to date with USCIS or court notices, respond to any requests on time, and have legal representation.

What is the new rule for asylum seekers in the United States?

Asylum policies have undergone significant changes in recent years. Some of the most relevant include:

• Prioritization of recent cases (LIFO): USCIS handles the most recent cases first, which may further delay older cases.
• Greater restrictions at the border: Those seeking asylum at the southern border face additional restrictions and expedited processes that limit access to the ordinary system.

Because policies change frequently, it is advisable to check the status of your case in the EOIR system and consult with an attorney before making any decision.

What happens if you apply for asylum in the United States?

USCIS reviews your application, schedules you for biometrics, and sets an interview or hearing depending on the type of case. 

During the process, you remain in the country and may apply for a work permit after 150 days. If the case is approved, you obtain legal protection. If it is denied, you may appeal or explore other options with an attorney.

Frequently Asked Questions About the Disadvantages of Seeking Asylum

What are the disadvantages of asylum in the United States?

The main disadvantages include long wait times, a high denial rate, restrictions on traveling to the country of origin, employment limitations during the process, the risk of detention, and possible prolonged family separation.

What are the consequences of seeking asylum in the United States?

It involves disclosing sensitive personal information, being unable to return to the country of origin, facing a long and uncertain process, and possible removal proceedings if the case is denied. It may also affect future immigration applications.

What benefits does a person with asylum in the United States have? 

Protection against deportation, work authorization, a path to permanent residence after one year, the possibility of family reunification, and access to certain public benefit programs.

How long does permanent residence through asylum take?

The asylee may apply for permanent residence after one year of physical presence in the United States with that status. 

The total time from the asylum application to permanent residence can vary from two to several years, depending on processing times.

What happens after 5 years of asylum?

If the person has already obtained permanent residence, they may apply for U.S. citizenship after five years as a resident, as long as they meet the requirements for continuous presence, good moral character, and other legal criteria.

How Curbelo Law can help you understand the advantages and disadvantages of seeking asylum

Deciding whether seeking asylum is the right option depends on each person’s specific circumstances. The disadvantages are real and should not be underestimated, but for those who genuinely fear returning to their country, it may be the only available path to protection.

At Curbelo Law, we evaluate each case individually to determine whether asylum is the most viable option or whether more appropriate alternatives exist. 

If you have questions about whether asylum is the right path for you, or if you already have a pending case and need guidance, our immigration lawyers in New Jersey can evaluate your situation and clearly explain your options.