Bars to Receiving Asylum or Refugee Status

An applicant can be barred from a grant of asylum in the United States regardless of whether he or she has been persecuted, fears future persecution, or otherwise meets the basic criteria for asylum. Other elements of the person's background, such as criminal conviction, persecution of others, and more, can act as a bar to eligibility. Learn more about these bars, and which can be overcome, here.

Persecutors of others, threats to U.S. security, people firmly resettled in a third country, and others who are not eligible as asylees or refugees.

Avoid having a finding of a frivolous asylum application on your immigration record.

A person is barred from receiving asylum in the U.S. if an immigration judge or asylum officer finds that they were already firmly resettled or had a right to residence in another country.

Types of criminal convictions or findings that may bar an applicant from receiving asylum.

So long as your entry into the U.S. was not in your official status as a crewmember, you should be able to apply for asylum.

A family petition is not a bar to applying for asylum, but make sure the asylum claim truly has merit.

The Safe Third Country Agreement between the U.S. and Canada says that (with some exceptions) you can apply for asylum only in the first country you arrived in.

Empower Yourself: DIY Products by Nolo

Sidestep the lawyers with do-it-yourself books, documents, and software.

Nolo's Immigration Bundle packs almost everything you need to know about U.S. immigration laws and procedures into three compact volumes.
Green cards, visas, and more: What every immigrant needs to know

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

More Legal Issues

Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.

Learn About Our Team

Learn About Our Team

Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.

Learn more about the team that manages Nolo’s articles, books, and DIY tools.

Need a Lawyer? We Can Help

Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.

01

Describe Your Case

Briefly tell us about your case, and provide your contact information.

02

Get Connected

We find and instantly list attorneys that can best handle your case.

03

Hire an Attorney

Choose the attorneys you would like to work with.

Integrity and Expertise You Can Rely On

Get Professional Help
Talk to an Asylum attorney.
How It Works
  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you