Humanitarian Protection in the USA: Asylum, Refugees, TPS and More

Asylum protects people who have been persecuted, or fear persecution, because of race, religion, nationality, political opinion, or membership in a particular social group. You must generally apply within 1 year of your last arrival in the US, with limited exceptions.

There are two ways to apply:

• Affirmative asylum. If you are not in removal proceedings, you file Form I-589 with USCIS and attend an interview.
• Defensive asylum. If you are in removal proceedings, you ask an immigration judge for asylum as a defense against removal.

Judges and officers also consider two related protections, withholding of removal and protection under the Convention Against Torture, which stop removal to a specific country but do not lead to a green card.

Fees. Since 2025, federal law (H.R. 1) requires a fee of about $100 to file Form I-589, plus an annual asylum fee (about $100, adjusted for inflation) for each year the case stays pending. There is no fee waiver, and not paying the annual fee can lead to rejection. Check the current amounts on the USCIS fee schedule.

Work permit. Asylum applicants can generally apply for a work permit 150 days after filing a complete application, and get it no sooner than 180 days in. See EAD work permit.

2026 holds. On December 2, 2025, USCIS paused decisions on all pending asylum applications. It lifted the pause on March 30, 2026, except for people who are nationals of, or were born in, a travel ban country. Asylum policy at the southern border has also been restricted and challenged in court. Get legal advice about your specific situation.

Refugees are selected outside the US, usually after a referral from the United Nations refugee agency (UNHCR), a US embassy, or an approved group. You cannot apply directly online. After security and medical checks, approved refugees travel to the US and must apply for a green card after 1 year.

The refugee ceiling for fiscal year 2026 (October 2025 to September 2026) was set at 7,500, the lowest ever. An emergency presidential determination on May 21, 2026 raised it to 17,500, with the 10,000 added places reserved for Afrikaners, so places for everyone else remain very limited. See the refugee cap status page. USCIS memo PM-602-0194 (January 1, 2026) also holds green card decisions for refugees and asylees from travel-ban countries; a June 2026 court ruling struck down a related USCIS freeze. See refugee and asylee green cards.

Temporary Protected Status (TPS) lets nationals of a designated country stay and work in the US while conditions at home are unsafe. It does not lead to a green card by itself. In 2025 and 2026 the government terminated TPS for Afghanistan, Cameroon, Haiti, Honduras, Myanmar, Nepal, Nicaragua, South Sudan, Syria, Venezuela, and Yemen; some terminations have been challenged in court. Check the TPS terminations page and the USCIS TPS page for your country's current dates.

Parole lets someone enter or stay temporarily for urgent humanitarian reasons or significant public benefit. The CHNV program for Cubans, Haitians, Nicaraguans, and Venezuelans has ended. Individual humanitarian parole requests (Form I-131) are still possible but decided case by case.

If your TPS or parole is ending, do not wait: ask a lawyer whether you qualify for any other status, such as asylum, a family petition, or a U or T visa.

• U visa: for victims of certain serious crimes in the US who suffered substantial harm and help law enforcement. Only 10,000 principal U visas can be granted each year, so waits are long.
• T visa: for victims of sex or labor trafficking.
• VAWA: lets abused spouses, children, and parents of US citizens or permanent residents apply on their own, without the abuser knowing.
• Special Immigrant Juvenile status: for young people under 21 who need a state court order first. USCIS stopped automatic deferred action reviews for petitions filed on or after May 10, 2026.

These cases can be life-changing and are easy to get wrong. A lawyer or accredited representative can also help with safety planning.

Please get qualified legal help before you file. Mistakes in humanitarian cases, such as missing the 1-year asylum deadline or giving inconsistent statements, can be impossible to fix.

• Free or low-cost help: nonprofits recognized by the Department of Justice, with accredited representatives, are listed on the DOJ's Recognition and Accreditation roster. The immigration courts (EOIR) publish a list of pro bono legal service providers by state.
• Private lawyers: check that the lawyer is licensed and in good standing with a US state bar. See how to verify a lawyer.
• Avoid notarios. In the US, a "notario público" is not a lawyer and cannot give legal advice. Read about notario fraud and scam protection.

If you are in danger right now, contact local emergency services. For options in other countries, see humanitarian protection in Canada and refugee status in Mexico.