{"id":352741,"date":"2022-08-19T07:42:46","date_gmt":"2022-08-19T12:42:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/asylum-refugee\/types-of-asylum-decisions.html"},"modified":"2026-05-09T23:59:00","modified_gmt":"2026-05-10T04:59:00","slug":"types-of-asylum-decisions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/asylum-refugee\/types-of-asylum-decisions.html","title":{"rendered":"U.S. Asylum Decisions: Grants, Referrals, and Denials"},"content":{"rendered":"\n
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U.S. Asylum Decisions: Grants, Referrals, and Denials<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Asylum cases<\/span> can end in several different types of decisions, each affecting your rights, next steps, and ability to remain in the United States. Understanding these possible outcomes\u2014whether a grant of asylum, a denial, or a referral to immigration court<\/span>\u2014can help reduce uncertainity.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

These outcomes can also affect your ability to work, travel, or pursue permanent residency<\/span> in the future. Knowing what each decision means can help you plan your next steps and seek the right support if challenges arise.<\/p>\n

This guide explains each decision type and what it may mean for your path forward. You can also talk to an immigration attorney<\/span><\/a> near you for legal advice targeted to your situation. An attorney can explain the implications of each possible decision and guide you through each step of the process.<\/p>\n

What Is an Asylee<\/span>?<\/h2>\n

An asylee<\/span> is any individual outside their home country<\/span> who cannot return due to a well-founded <\/span>fear<\/span> of persecution<\/span>. Often, they suffer persecution from their home countries<\/span> because of their religion, race, nationality, political opinion<\/span>, or membership in a particular social group<\/span>. These individuals are already present in the United States when they attempt to seek U.S. asylum status<\/span>.<\/p>\n

If you want to\u00a0apply for asylum<\/a>, you should file your application within one year after arriving in the United States. The application is filed with the U.S. Citizenship and Immigration Services<\/span> (USCIS<\/span>).<\/p>\n

Note that there are two types of asylum applications<\/span>:\u00a0affirmative and defensive<\/a>.<\/p>\n

For\u00a0affirmative <\/span>asylum<\/span> applications<\/span>, you are physically present in the United States and meet all the criteria for an asylee<\/span>. Then, you should file your application one year after you arrive in the United States. A\u00a0defensive <\/span>asylum<\/span> application<\/span>\u00a0applies if you undergo removal proceedings<\/span><\/a> and meet the criteria for an asylee<\/span>. It also applies if facing a deportation<\/span> order from the immigration court<\/span>.<\/p>\n

Grant of Asylum<\/h2>\n

If you are looking to apply for asylum status<\/span>, you aim to receive a grant of asylum. Here, USCIS<\/span> determines your eligibility<\/span> for asylum. Afterward, you will receive a Form I-94 or an\u00a0Arrival Departure Record<\/a>. This indicates that you have been granted asylum<\/span> under the Immigration and Nationality Act<\/span> (INA).<\/p>\n

After one year of holding\u00a0asylee<\/span>\u00a0status, you may apply for\u00a0permanent residence<\/span>\u00a0(a\u00a0green card<\/span>)<\/a>. On top of the one-year residency, you must also meet other criteria and submit documents to qualify for permanent residence<\/span> status.<\/p>\n

The grant of asylum status<\/span> includes you as the principal applicant and may also include your dependents in the United States. Your dependents are immediate family members<\/span> such as your spouse and minor children<\/span>. However, for them to be granted asylum<\/span>, they should meet the following requirements:<\/p>\n