Asylum is protection under INA § 208 for a person in the United States who suffered persecution, or has a well-founded fear of persecution, because of race, religion, nationality, political opinion or membership in a particular social group. You apply on Form I-589, generally within one year of your last arrival. A grant allows you to live and work here and, after one year, to apply for a green card.
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| Governing law | INA § 208 (8 U.S.C. § 1158) |
|---|---|
| Main form | Form I-589, Application for Asylum and for Withholding of Removal |
| Filing deadline | Generally one year from your last arrival, with limited exceptions |
| Who decides | A USCIS asylum officer, or an immigration judge if you are in removal proceedings |
| Family | Spouse and unmarried children under 21 may be included |
| Where it leads | Green card eligibility one year after the grant, then citizenship |
Who qualifies for asylum in the United States?
An asylum application asks the United States for protection from persecution in your home country. You may qualify if you are in the United States and you suffered persecution, or have a well-founded fear of it, because of one of five protected grounds. The harm must come from the government, or from people the government is unable or unwilling to control.
Asylum law uses familiar words in a specific way. You have to show each part of the definition on its own, and an attorney will look at each one against your account. The main rules are in INA § 208, and asylum is one of several protections described on our asylum and humanitarian immigration overview.
- Persecution Serious harm or threats of serious harm, such as violence, detention, torture or severe discrimination. Harassment alone usually is not enough, but many smaller harms together can be.
- Well-founded fear A genuine fear of future harm that a reasonable person in your position would share. The Supreme Court has recognized that the chance of harm can be well below fifty percent and still count.
- Protected ground Race, religion, nationality, political opinion, or membership in a particular social group. A shared characteristic you cannot or should not have to change, such as family ties, defines a social group, and whether a group qualifies depends on the facts.
- Nexus The link between the harm and the ground. The protected ground must be at least one central reason the persecutor targeted you, not merely incidental.
If you suffered persecution in the past, the law presumes that your fear of future persecution is well founded. The government can rebut that presumption, for example by showing that conditions have fundamentally changed or that you could safely live in another part of your country.
What is the one-year asylum filing deadline?
The law generally requires you to file for asylum within one year of your last arrival in the United States. The deadline counts from the most recent entry, not the first one.
Two kinds of exception exist. Changed circumstances cover new facts that affect your eligibility, such as a change of government at home or a new threat against you. Extraordinary circumstances cover reasons you could not file on time, such as serious illness, the effects of trauma, or lawful status that lasted until shortly before you filed. In either case you must still file within a reasonable period after the circumstance.
Missing the deadline does not close every door. Withholding of removal and protection under the Convention Against Torture have no filing deadline, and the same Form I-589 requests them. The withholding of removal page explains how they differ from asylum.
How is an asylum application filed?
You file an asylum application on Form I-589, either with USCIS or with the immigration court. USCIS publishes the current edition and instructions online. Which one depends on whether the government has started removal proceedings against you.
An affirmative asylum application goes to USCIS when you are not in removal proceedings. A defensive application goes to an immigration judge as a response to a Notice to Appear. The standard for asylum is the same in both settings; the setting and the procedure are different.
- Preparing your account You and your attorney build a written declaration in your own words, over as many meetings as you need, and gather evidence and translations.
- Filing Form I-589 The application lists you and any spouse and children included in the case, and you sign it under penalty of perjury.
- Biometrics USCIS schedules fingerprints and a photograph for background checks.
- Interview or hearing An asylum officer interviews you in a private office, or an immigration judge hears your testimony in court.
- Decision An officer can grant asylum. If the officer does not grant it and you have no other lawful status, the case goes to an immigration judge. The judge then hears it again from the beginning.
If you are already in court, the removal proceedings page explains how the court schedules hearings and how the judge reaches a decision.
What evidence supports an asylum claim?
Your own testimony is the center of an asylum claim, and credible testimony alone can be enough. Officers and judges also expect supporting evidence where it is reasonably available to you.
- Your declaration A detailed, chronological account of what happened, who did it and why you believe they targeted you.
- Personal documents Identity papers, membership cards, summonses, medical records, photographs, or messages you received.
- Witness statements Letters from family, neighbors, religious leaders or colleagues who know what happened.
- Country conditions Reports from the US State Department, the UN and human rights organizations that show what people in your situation face.
- Professional evaluations Medical or psychological evaluations that document injuries or the lasting effects of trauma.
Every document in a foreign language needs a complete English translation with a translator’s certificate. Many people cannot safely contact anyone at home to gather evidence. The law takes into account what is reasonably available to you.
Some people were also the victim of a serious crime after they arrived here. In that situation, a U visa for crime victims may be a second route alongside the asylum application, and an attorney will consider which to file first.
What happens at an asylum interview?
An asylum interview is a private, non-adversarial conversation with a trained USCIS asylum officer, usually lasting a few hours. No government lawyer argues against you, and the interview is not open to the public.
The officer places you under oath, reviews the information on your application, and asks you to describe what happened in your own words. Your attorney can attend, make a closing statement and submit additional evidence. You can request a break if you need one. The asylum office sets the current rules on interpreters, and your attorney will confirm them before the day.
Officers look closely at consistency between your written declaration, your testimony and your documents. Preparation matters for that reason, not because the truth needs rehearsing. An honest “I do not remember” is always better than a guess.
Who is barred from receiving asylum?
Some people who meet the definition of a refugee still cannot receive asylum because the law bars them. The bars appear in INA § 208, and an attorney will check each one before we file anything.
- The one-year deadline A late application without a qualifying exception.
- Persecution of others Having taken part in persecuting other people on a protected ground.
- Serious crimes A conviction for a particularly serious crime in the United States, or serious reasons to believe you committed a serious nonpolitical crime abroad.
- Security grounds Reasonable grounds to regard you as a danger to US security, including terrorism-related grounds.
- Firm resettlement An offer of permanent status in another country before you arrived here.
Asylum is also discretionary, so a judge or officer can weigh your whole history. The law treats honesty very seriously: a knowingly fabricated application can permanently bar a person from future immigration benefits.
What happens after asylum is granted?
A grant of asylum lets you live and work in the United States indefinitely, and it opens a path to permanent residence and citizenship. It also allows you to reunite with close family.
- Bringing family Within two years of the grant, you can generally file Form I-730 for a spouse or unmarried children under twenty-one who were not included in your case.
- Traveling You can request a refugee travel document on Form I-131 before any trip abroad.
- Green card After one year of physical presence as an asylee, you can apply for permanent residence on Form I-485.
- Citizenship Once you hold a green card for the required period, you can apply to naturalize on Form N-400.
What does an asylum application cost?
We quote an asylum application as a flat fee, agreed in writing before any work begins. The fee does not rise if USCIS reschedules the asylum interview or preparation takes longer than planned. Statute and USCIS set government fees, where they apply, and you pay them separately. The fees and consultations page explains what the flat fee covers.
The first consultation is free, private and about thirty minutes long, in person in Glendale, by phone or by video.