Asylum Application Process in the United States

Talk to a Lawyer About This Topic →

Ready to Talk to a Lawyer?

Get connected with a licensed attorney who can help with your specific legal question.

Start a Conversation →
Important Disclaimer
The information provided on Lawbrarian is for general educational and informational purposes only and is not a substitute for professional legal advice. Every legal situation is unique, and the content on this site should not be relied upon as legal counsel. If you need legal advice specific to your circumstances, please consult with a licensed attorney. You can connect with one of our attorneys through the "Talk to a Lawyer" feature available on every page.

If you have been persecuted or fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum in the United States.

The 1-year filing deadline: You must apply for asylum within 1 year of your last arrival in the United States. There are limited exceptions for changed circumstances or extraordinary circumstances that prevented timely filing.

Affirmative asylum: If you're not in removal proceedings, you file Form I-589 with USCIS. You'll be interviewed by an asylum officer. If not approved, your case is referred to immigration court.

Defensive asylum: If you're in removal proceedings, you present your asylum claim before an immigration judge as a defense against removal.

Work authorization: You may apply for an Employment Authorization Document (EAD) 150 days after filing your asylum application, and USCIS should adjudicate it within 30 days after that.

Supporting evidence: Strong asylum cases include country condition reports, personal declarations, medical or psychological evaluations, news articles, and affidavits from witnesses.