Loune-Djenia Askew, Esq.
Oct 8, 2025
To qualify for asylum in the United States, an applicant must show they have been persecuted—or fear future persecution—based on one of five protected grounds.
In U.S. immigration law, the terms refugee and asylum seeker are closely related but mean different things.
An asylum seeker is someone who has fled persecution in their home country and is asking another country for protection but hasn’t yet received legal recognition. Once that person’s application is approved, they become an asylee.
A refugee, on the other hand, is someone who has already been recognized abroad—usually through the United Nations High Commissioner for Refugees (UNHCR)—as having fled persecution. Refugees are then brought to the U.S. for resettlement with legal protection and the right to live permanently.
The U.S. Asylum Process
To qualify for asylum in the United States, an applicant must show they have been persecuted—or fear future persecution—based on one of five protected grounds:
Race
Religion
Nationality
Political opinion
Membership in a particular social group
Persecution must be by the government or by someone the government is unwilling or unable to control. General war or violence alone is usually not enough to qualify.
Types of Asylum Applications
Affirmative Asylum: For individuals who are already in the U.S. and not in removal proceedings. They must file with U.S. Citizenship and Immigration Services (USCIS) within one year of arrival.
Defensive Asylum: For people who are in removal (deportation) proceedings and are asking for asylum as a defense. These cases are handled by immigration judges under the Executive Office for Immigration Review (EOIR).
If USCIS denies an affirmative asylum request and the applicant has no lawful status, the case is referred to immigration court for further review.
Asylum and Ukrainians Fleeing War
Many Ukrainians escaping war may not automatically qualify for asylum unless they can show personalized persecution—for example, being targeted because of political beliefs or affiliations.
A person could qualify if they:
Were threatened or harmed because of opposition to Russian occupation,
Worked for the Ukrainian government, or
Can show they’d be targeted for reasons tied to one of the five protected grounds.
Even if asylum isn’t approved, applicants may still qualify for protection under the Convention Against Torture (CAT) or withholding of removal, if they can prove they’d likely face serious harm upon return.
Temporary Protected Status (TPS) for Ukraine
Because of the ongoing war, Ukrainians in the U.S. may also qualify for Temporary Protected Status (TPS), which allows them to live and work in the country temporarily.
Current TPS Designation for Ukraine:
Valid Through: October 19, 2026
Re-Registration Period: January 17 – March 18, 2025
Employment Authorization Auto-Extended Through: April 19, 2026
Continuous Residence Required Since: August 16, 2023
TPS offers a more immediate and less risky form of protection than asylum, though it does not lead directly to permanent residency.
Other Legal Paths
Asylum cases can take 4–5 years to process due to backlogs. Because of this, applicants often pursue other immigration routes at the same time—such as family-based or employment-based green card applications.
Key Takeaway
Asylum seekers are waiting for recognition.
Refugees have already been recognized and resettled.
Ukrainian nationals may explore both asylum and TPS depending on their situation.
Every asylum claim is unique, and legal advice is crucial before filing.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.