Asylum is legal protection for people fleeing persecution. It is not a shortcut for someone who wants to live or work in the United States. The law is strict, the numbers show that most applications are denied, and anyone who does get asylum has to be very careful about one thing: going back to the home country, even just for a visit, can put that protection at risk. This article explains what asylum is, which grounds the law recognizes, and what happens to people who travel to Brazil after being approved.

What asylum is

Asylum is protection given by the American government to people who are in the US and fear being persecuted in their home country. USCIS, the agency that handles immigration, says the persecution has to be connected to one of five grounds: race, religion, nationality, political opinion, or membership in a particular social group. A person who receives asylum cannot be sent back to the country they fled, has work authorization, and can apply for a green card after one year. The spouse and unmarried children under 21 who are in the US can be included in the application, and someone who already has asylum can apply, generally within two years, to bring family members who are outside the US.

Don't confuse asylum with refugee status. Refugee status is requested by people who are outside the US. There are also similar protections, such as withholding of removal and protection against torture, which stop a person from being sent to their home country but do not lead to a green card or give the same benefits.

Who qualifies

The burden of proof is on the person applying. To get asylum approved, the person has to show, in a credible way:

  • Persecution or a well-founded fear. It can be persecution that has already happened or a fear that it will happen. According to the Department of Justice, for asylum a relatively small chance of future harm, around 10%, is enough, as long as the fear is real and has a basis.
  • A protected ground. The ground has to be at least one central reason for the persecution, among the five the law lists.
  • Lack of state protection. The harm comes from the government or from people the government is unwilling or unable to control.
  • Impossibility of relocating safely. The person has to show that it isn't possible to be safe in another part of Brazil.
  • Deadline. The application must be filed within one year after arriving in the US, with exceptions for changed circumstances or extraordinary situations.

Situations that can support a legitimate claim

There is no list that guarantees approval, and each case is judged individually. But for Brazilians, these are examples of situations that may fit the grounds the law recognizes, as long as there is evidence:

  • Political opinion. Journalists, activists, politicians, public employees, or people who reported corruption or abuse and suffered threats or retaliation for it.
  • Sexual orientation and gender identity. LGBTQIA+ people who suffered violence or serious threats and did not find protection from the State. In this case, the claim is usually filed as a "social group."
  • Religion, race, or nationality. Persecution targeted at someone because of their faith, color, or origin.
  • Serious domestic violence. These cases depend on decisions from American courts, which change, and they require especially careful preparation.

What generally is not enough: economic hardship, unemployment, widespread urban violence, fear of being robbed, or a wish to work in the US. Those are reasons to look at other paths, like the ones I covered in earlier articles, but not for asylum.

An important warning: making up a story of persecution or using someone else's story is fraud. A person who files an application the government considers "frivolous," after being warned of the consequences, is permanently barred from receiving immigration benefits, and asylum obtained through fraud can be canceled later. Be suspicious of anyone who promises guaranteed approval or charges to "put a story together." Look for an immigration attorney or a serious legal aid organization.

How the process works

There are two paths. In affirmative asylum, a person who is in the US applies to USCIS using Form I-589 and has an interview with an asylum officer. If the application is not approved and the person has no other legal status, the case goes to an immigration judge, who reviews everything from scratch. In defensive asylum, the person is already in deportation proceedings and asks for asylum as a defense before the judge, in a hearing with a government attorney.

The applicant has to submit a detailed statement and evidence, such as police reports, medical reports, news articles, messages, and letters from witnesses. A work permit cannot be requested together with the asylum application. According to USCIS, it can be requested after 365 days with a complete application, and the rules on this have changed more than once, so confirm before you plan.

The H.R. 1 law created fees for asylum. According to the official notice published in the Federal Register on October 1, 2026, the asylum application (Form I-589) has an initial fee of $100, and there is an annual fee of $105 while the case is pending. That annual amount used to be $102 and applies to applications dated October 16, 2026 or later. Confirm the current amounts on the USCIS website before you pay.

What the numbers show

Data from EOIR, the immigration court agency of the Department of Justice, shows how hard it is. In fiscal year 2025, 26,599 asylum applications were granted and 82,431 were denied, or about 24% granted among decided cases. In fiscal year 2026, through the third quarter, 7,231 were granted and 89,740 were denied, or about 7.5%. Those percentages are my own calculation, based on the EOIR tables, which also record abandoned, withdrawn, and closed cases. EOIR publishes data by nationality, but I couldn't confirm a recent number for Brazilians alone, so I don't cite one. What matters is that asylum is hard and cases need to be well prepared.

After approval: the risk of going back to Brazil

Here is a point many people don't know. Under the law, asylum "does not give you the right to stay forever." It can be terminated if the conditions that justified the protection no longer exist, if there was fraud in the application, or if the person once again places themselves under the protection of the home country (this is called re-availment). In practical terms, the law gives as an example someone who returns to the home country with permanent residence or a reasonable possibility of getting it.

On travel, USCIS is direct: going back to the country you said you fled can put your status at risk, because the trip can suggest that you no longer need American protection. The visit can also be used as evidence that your fear of persecution was not genuine, and you may have to explain the trip to an officer when you return. There is a narrow exception for short stays for reasons considered compelling. The USCIS Adjudicator's Field Manual says each case is reviewed individually and that visiting an elderly or sick parent is viewed more favorably than a vacation or business trip.

There are other important points of caution:

  • Brazilian passport. Applying for or renewing a passport from the home country is generally considered a sign that the person has again used that country's protection, unless they can prove otherwise.
  • Travel document. A person with asylum who travels generally needs the Refugee Travel Document (Form I-571, requested with Form I-131), valid for up to 1 year. A person whose application is still pending needs advance parole, and leaving without it can be treated as abandoning the application.
  • A green card doesn't fully protect you. Even after becoming a resident because of asylum, the asylum status can be terminated if you return to the country of persecution. If there is evidence that the person was not entitled to asylum, USCIS can cancel the green card, generally within the first 5 years, or start deportation proceedings.
  • The procedure. Before terminating asylum, USCIS sends written notice at least 30 days before the interview, and the person can submit evidence that they are still entitled to it. If asylum is terminated, the spouse and children who depend on it also lose their status, but they can apply for their own asylum.

In practice, the advice is simple: don't travel to Brazil without talking to an immigration attorney first, even for a serious reason like a sick relative or a funeral. If the trip is unavoidable, the attorney can advise you on the right document, the evidence of the reason, and the risks. Anyone who wants to be able to travel freely should wait for American citizenship, when the risk of losing asylum no longer exists.

Sources