Practice Area
Asylum
Asylum is a form of protection that allows people who have been persecuted — or who fear persecution — in their home country to remain in the United States. If you qualify, asylum can lead to a green card and eventually U.S. citizenship.
Who is this for?
Asylum is for people who are physically present in the United States and who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. You must generally apply within one year of your last arrival in the United States, though exceptions exist.
Basic eligibility requirements
- You are physically present in the United States
- You have suffered persecution or have a well-founded fear of future persecution
- The persecution is based on race, religion, nationality, membership in a particular social group, or political opinion
- You are not barred from asylum (for example, by certain criminal convictions or by having firmly resettled in another country)
- You apply within one year of your last arrival, or qualify for an exception to the one-year deadline
How the asylum process works
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File Form I-589 (Application for Asylum)
The asylum application is filed on Form I-589. It requires a detailed written statement describing the persecution you suffered or fear, supporting documents, and evidence of your identity and nationality.
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Affirmative vs. defensive asylum
If you are not in removal proceedings, you file affirmatively with USCIS and are interviewed by an asylum officer. If you are in removal proceedings, you raise asylum as a defense before an immigration judge — this is called defensive asylum.
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Asylum interview or immigration court hearing
In affirmative cases, you will have an interview with an asylum officer. In defensive cases, you will have a hearing before an immigration judge where you present your case and the government may cross-examine you.
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Decision
If approved, you are granted asylum status. You can then apply for a green card one year after being granted asylum. If denied in an affirmative case, you may be referred to immigration court.
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Apply for a green card
One year after being granted asylum, you are eligible to apply for lawful permanent residence (a green card). After five years as a lawful permanent resident, you may be eligible for U.S. citizenship.
Common questions about asylum
Can I apply for asylum if I entered the U.S. without authorization?
Yes. Asylum is available regardless of how you entered the United States. However, entering without authorization may affect other aspects of your immigration case, and you should speak with an attorney.
What is the one-year filing deadline?
You must generally apply for asylum within one year of your last arrival in the United States. There are exceptions for changed circumstances (such as a change in country conditions) and extraordinary circumstances. Missing the deadline can bar you from asylum, so it is important to act quickly.
Can my family members be included in my asylum application?
Yes. Your spouse and unmarried children under 21 who are in the United States can be included as derivatives on your asylum application. They do not need to file separate applications.
What happens if my asylum application is denied?
If your affirmative asylum application is denied, you will generally be referred to immigration court, where you can renew your asylum claim before an immigration judge. You also have the right to appeal an immigration court decision to the Board of Immigration Appeals.
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