Asylum is a form of protection that allows people who are already in the United States to stay legally if they have suffered persecution — or fear future persecution — in their home country.

What Qualifies as Persecution?

Persecution can include violence, threats, imprisonment, torture, or serious discrimination based on:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group (such as LGBTQ+ status, indigenous identity, or victims of domestic violence in some cases)

The harm must be serious and not just general hardship or economic problems. You must also show that your government was unable or unwilling to protect you.

Who Can Apply for Asylum?

You can apply for asylum if:

  • You are already in the United States or at a port of entry (such as a border or airport).
  • You apply within one year of your last arrival in the U.S.
    • There are exceptions for minors and certain special circumstances.
  • You are not barred due to past criminal convictions or other legal reasons.

How Do You Apply?

You apply using Form I-589, either with USCIS (if not in court) or the immigration court (if you are in removal proceedings). There is no fee to apply.

If you’re granted asylum, you can:

  • Stay in the U.S. indefinitely
  • Apply for a green card after 1 year
  • Work legally
  • Apply to bring your spouse and children (under 21)

Additional Resources

This page is for informational purposes only and does not offer legal advice.

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