How to Apply for Asylum in the United States
What Is Asylum?
Asylum is a legal protection for individuals who are physically present in the United States and fear returning to their home country due to persecution based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
If granted asylum, you may remain in the U.S., apply for a green card after one year, and request to bring certain family members.
Who Can Apply?
You may apply for asylum if:
- You are currently inside the United States, regardless of how you entered
- You file your application within one year of your last arrival (some exceptions apply)
- You are not barred for certain reasons (such as serious criminal history or previous denials)
You do not need to have entered the U.S. legally to apply for asylum.
Step-by-Step Process
- File Form I-589
- This is the official asylum application form
- It is free to file
- Download at: uscis.gov/i-589
- Include Supporting Documents
- Personal declaration (written story explaining your fear)
- Proof of identity (passport, ID)
- Evidence of persecution (police reports, medical records, news articles, witness statements)
- Mail the Application
- Follow mailing instructions listed on the USCIS website
- Keep a copy of everything for your records
- Attend Biometrics Appointment
- USCIS will contact you to take fingerprints and photos
- Attend the Asylum Interview or Court Hearing
- If you are in “affirmative” asylum (not in court), you will be interviewed by an Asylum Officer
- If you are in “defensive” asylum (in court), you will present your case to a judge
Affirmative vs. Defensive Asylum
| Type | You Are… | Interviewed By |
|---|---|---|
| Affirmative | Not in removal proceedings | USCIS Asylum Officer |
| Defensive | In removal proceedings | Immigration Judge |
What Happens After You Apply
- If approved, you receive asylum status and can apply for a green card after 1 year
- If denied (affirmative), you may be referred to immigration court
- If denied in court, you may appeal to the Board of Immigration Appeals
Timeline Overview
- Application deadline: within 1 year of entering the U.S.
- Work permit eligibility: apply after 150 days if no decision yet (Form I-765)
- Green card eligibility: after 1 year of approved asylum
Where to Get Help
- USCIS Asylum Page
- I-589 Form & Instructions
- EOIR Legal Aid List
- Immigration Advocates Legal Directory
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