Can Americans Claim Asylum or Refugee Status in Italy? (Updated 2025)

Or, is there another way to move to Italy?

For some reason, in the past few weeks (as of writing this article, in January of 2025) searches have jumped from Americans typing in some combination of "American", "Asylum", "refugee", and in some cases "Italy" or "Europe". Now, I don't claim to be someone who could tell you why that search in particular has gotten so popular, or why the subreddit r/IWantOut is suddenly hit with a number of posts along the same lines. (Kidding, of course.)

Don't worry, I'm here to answer the question.

Can Americans Claim Asylum in Europe or Italy?

The answer is, unfortunately, no. Or rather, it's incredibly difficult.

To apply for asylum in Italy (which will be a very similar process to most European countries), you need to show two things:

First, that you are not an EU citizen (super easy, of course).

Second, that you cannot return to your country of residence because you fear persecution or risk serious harm. For this point, you would have to be persecuted based on:

• race

• religion

• nationality

• political opinion (this includes whistleblowers, journalists, activists, etc.)

• belonging to a certain social group and are unable to receive protection from the government (this can include people who identify with the LGBTQIA+ community and fear for their safety, or survivors of domestic abuse who aren't receiving help/protection)

If you're arguing that the government failed to protect you (government in this case can also mean a local government, or the local police) then you will need proof that you tried to apply for help (police reports, letters to you local congressperson, etc.). You will also need to show Italy (or whichever European country you're attempting to seek asylum in) that they knew you asked for help and still didn't provide it.

At first glance, it doesn't look too tough. However, there's a pretty large burden of proof placed on the applicant, especially when they come from a country that does have [apparently] pretty strong democratic controls like the United States. If we're being honest, however, Europe isn't blind to the stripping away of rights that's currently happening, so this "we err on the side of America being democratic" angle that Europe tends to take might soon disappear.

To apply for asylum in Italy, you would have to come up with news articles of similar cases, police reports, restraining orders, recent rulings from judges, basically something that shows you are going to be persecuted and imprisoned/killed on the basis of belonging to one of the above groups, based on a recent history of it happening in America.

As it stands in the United States, that isn't currently happening on a systemic level—yet (when we say this, Europe is looking at countries like Afghanistan or Uganda that have capital punishment for anyone found guilty of homosexuality and comparing it to the United States).

So even though people from the United States are currently applying for asylum (notably in countries like Canada), it's highly unlikely their application will be accepted.

Note: In theory, if you are stateless—that is, if you don't have citizenship to any country—you can try and apply for asylum in Italy/Europe as someone who is stateless, however, if your application is denied, you will be sent back to the country where you habitually reside. And if you're an American who gave up their citizenship in hopes of that improving their chances of an acceptance, then this approach might not have the desired effect.

If You Wanted to Try, How Could You Claim Asylum in Italy?

So, lets say that you have nothing to lose, in the sense that you're aren't particularly attached to your job (or you don't have one), and your family doesn't mind you taking a shot at asylum. What's the first step?

The way it works in Italy (and the EU) is a bit like "all the eggs in one basket". You can't apply for asylum unless you're in the country. So, you can't toss out an application from the United States and still go to work in the States, waiting to hear back from the embassy.

To apply for asylum, you need to physically present yourself to the Border Police (the Questura) in Italy or to a police station within 8 days of your arrival (so this also can't be done at the end of a 3-month long trip).

Then, you have to stay until you hear back about your application. Leaving before the application is processed and ruled on, for any reason, would make the application automatically declined.

All cases in Europe (which includes Italy) must be ruled on within 12 weeks. So, in the States we have some asylum cases that take years to be heard. And if you're thinking this works the same way in Europe, unfortunately, it doesn't. From applying at the Questura to hearing back, it can only take a a maximum of 12 weeks.

If it's a "no", then you have to leave, and if it's a "yes", well, congratulations!

Note: If your application is accepted, you're granted certain rights, one of them being "family unity". So if you are trying to claim asylum, in theory, only one person in a family unit (parents and children) would need to apply, and they could bring over their partner and kids. You would also be granted the ability to work, healthcare, education for minors, language courses, etc.

Are There Easier Ways to Move to Italy?

If I were to offer my advice to someone who is desperate to get out and who wants to come to Italy (rather than a country like Mexico or Indonesia that has a much more generous tourist visa process), the easiest way would be to apply for a standard type of visa.

Anecdotally, it appears that the student visa is the easiest one to get approved, only requiring the applicant to go to university for 20 hours a week and to have some money in the bank.

Conversely, if you're self-employed, you can apply for the newly-minted digital nomad visa. While this is confusing to everyone, even the people who designed it, it will also allow you to work and live in Italy.

So, can Americans claim asylum in Europe? Not really, not yet, but there are still other ways to get out if you need to.