Immigration to Germany: Would Americans receive asylum in Germany?

We are increasingly receiving inquiries from US citizens who, in light of the political developments in the United States, are considering moving to Germany . Queer individuals and members of minority groups, in particular, are asking whether they can apply for asylum in Germany . This question is understandable – however, the legal answer is not straightforward.

The right to asylum is not a political safety valve.

German and European asylum law is not an instrument to address political discontent, societal polarization, or perceived threats to the legal system. It serves solely to protect against individual, concrete persecution (see Section 3a of the Asylum Act ). The determining factor is not whether living conditions in a country are deteriorating or whether political developments are perceived as threatening, but rather whether a person is currently, or with a considerable probability , threatened with serious violations of their rights based on a protected characteristic (see Section 3b of the Asylum Act ). These protected characteristics include, among others, sexual orientation, gender identity, ethnic origin, and political conviction. However, the decisive factor is always that there is an act of persecution that is specifically based on one of these characteristics and is perpetrated by the state or cannot be effectively prevented by the state.

Threshold of “concrete persecution”

A common misconception is that a threatened deterioration of living conditions or the fear of future measures is sufficient grounds for asylum. In fact, asylum law requires an individually attributable danger (see Section 3 of the Asylum Act ). Mere membership in a minority group is insufficient if no concrete acts of persecution are threatened or have already occurred. Even political developments alone, however critical one may view them, do not replace persecution relevant to asylum law. For US citizens, this means that their origin from a state with a functioning legal system is regularly considered grounds for exclusion from asylum.

Why Americans regularly have no right to asylum

From a legal perspective, the chances of success for an asylum application by US citizens in Germany are currently extremely low . From an asylum law perspective, the United States is considered a democratic state governed by the rule of law with a functioning separation of powers, an independent judiciary, and generally effective legal protections. This classification is central to asylum law. Even under a Trump administration or comparable political constellations, there has been no systematic, state-sponsored persecution of minorities in the asylum law sense. Discriminatory rhetoric, political setbacks, or an escalation of social conflicts are not sufficient grounds for asylum . Asylum law requires concrete measures such as criminal prosecution, state violence, targeted disenfranchisement, or the complete failure of state protection. This distinction is often difficult to grasp, especially for queer Americans. Even if the social climate worsens or individual states enact restrictive laws, access to courts, federal legal protection, and domestic avenues of recourse remains. As long as this protection exists, an asylum claim is regularly ruled out .

Migration instead of asylum: The realistic alternatives

As poor as the asylum prospects are for US citizens, the alternatives under immigration law are quite good . Germany is one of the easiest countries of immigration worldwide for US citizens (the US being considered a "best friend " country). Visa-free entry, generous residence permits, and flexible options for changing residency status open up numerous legal pathways. Many of our clients from the US successfully obtain a residence permit for employment, self-employment, education, or family reasons. Even changing from a short-term to a longer-term stay is relatively straightforward for US citizens. For LGBTQ+ individuals or minorities seeking a more open social environment in Germany, immigration law is the right approach – not asylum law. Here, viable, legally sound solutions can be developed without the high and often insurmountable hurdles of an asylum procedure.

Conclusion from a legal perspective

An asylum application in Germany is currently generally not promising for US citizens . Asylum law requires concrete, individually attributable persecution, which, even under politically tense conditions, has not yet been demonstrated in the case of US citizens. Those wishing to leave the US should therefore not rely on asylum law, but rather utilize the diverse migration options that Germany offers. The most viable options are labor migration or migration for study or language courses . At VISAGUARD, we regularly advise US clients on precisely these alternatives. Early legal assessment prevents incorrect decisions and opens up realistic pathways to Germany – legally sound, predictable, and without unnecessary risks.