Asylum

Fleeing your home country is never an easy decision. But for many, seeking asylum in the United States offers a chance at safety, stability, and freedom. If you fear persecution in your home country, understanding the asylum process is essential.

Asylum is a form of protection granted to individuals who are already in the United States or are seeking entry at a port of entry, and who can demonstrate a well-founded fear of persecution in their home country. Once granted asylum, individuals can legally stay in the US, apply for a work permit, and eventually become eligible for permanent residency (a green card).

Eligibility

To qualify for asylum in the US, an applicant must demonstrate that they:

  • Are physically present in the US or are seeking entry at a US border.
  • Fear persecution in their home country based on at least one of the following protected grounds:
    • Race
    • Religion
    • Nationality
    • Political opinion
    • Membership in a particular social group (e.g., LGBTQ+, victims of domestic abuse, etc.)
  • Are unable or unwilling to return to their home country because of that fear.

When Should You Apply for Asylum?

You must apply for asylum within one year of your last arrival in the United States. There are limited exceptions to this deadline, such as:

  • Changed circumstances affecting your eligibility (e.g., new political developments in your home country).
  • Extraordinary circumstances preventing timely filing (e.g., serious illness, legal disability). Failing to file within one year without qualifying for an exception will likely result in the denial of your asylum application.

Process

  • File Form I-589 (Application for Asylum and for Withholding of Removal) with USCIS.
  • Biometrics appointment: You will be fingerprinted and undergo a background check.
  • Asylum interview: Conducted by an asylum officer.
  • Decision: If approved, you will receive asylum status. If not, and you don’t have legal status, you may be referred to immigration court.
Defensive Asylum Process

This applies if you are already in removal proceedings.

  • Submit Form I-589 to the immigration court.
  • Attend a hearing before an immigration judge.
  • Present your case with evidence, testimony, and legal arguments.
  • The judge will decide whether to grant or deny asylum.

Once granted asylum, you may apply for a work permit, file for a green card (permanent residence) one year after the asylum grant, request derivative asylum for your spouse and children, and eventually apply for US citizenship after meeting residency and other requirements.