How to File for Asylum in USA: Rules, Process, and Exceptions

Applying for asylum in USA is a legal process that allows individuals who have suffered persecution or fear persecution in their home country to seek protection in the U.S. This protection is governed by U.S. immigration law and requires meeting specific eligibility criteria.

Asylum must generally be requested within one year of arrival and is available to those who cannot return to their country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

What is asylum in the United States?

Asylum is a form of immigration protection that allows a foreign national to legally remain in the U.S. if they can prove they have suffered or fear persecution in their home country. It is governed by the Immigration and Nationality Act (INA), Section 208.

“A person may be eligible for asylum if they meet the definition of a refugee and are physically present in the U.S. or at a port of entry”.

What are the requirements to apply for asylum in USA?

To qualify for asylum in the U.S., an applicant must show:

1. Physical presence in the U.S. or at the border.
2. A well-founded fear of persecution in their country of origin.
3. That the persecution is based on race, religion, nationality, political opinion, or membership in a particular social group.
4. That the application is filed within one year of arrival, unless there are justified exceptions.

What is considered persecution under asylum law?

Persecution involves serious harm or threats due to a protected ground. It can include violence, torture, unlawful detention, severe discrimination, or threats to life and freedom. For example, if a person is targeted by a gang because of their refusal to cooperate and their membership in a vulnerable community, it may be considered persecution. Discrimination alone is not enough; the harm must be significant and connected to one of the five protected grounds.

How do you apply for asylum in the U.S.?

The asylum process can follow two paths: affirmative and defensive.

• Affirmative asylum: Filed voluntarily with USCIS (U.S. Citizenship and Immigration Services) using Form I-589.
• Defensive asylum: Requested as a defense in removal proceedings before an immigration judge, under the EOIR (Executive Office for Immigration Review).

“Form I-589 must be submitted free of charge and within the first year of arrival, unless extraordinary circumstances apply” (USCIS).

What are the steps in the affirmative asylum process?

1. Complete and file Form I-589 with USCIS.
2. Receive receipt notice (Form I-797C).
3. Attend biometrics (fingerprint) appointment.
4. Attend interview with an asylum officer.
5. Receive USCIS decision.

If the case is not approved, it may be referred to an immigration judge for defensive asylum proceedings.

How long does the asylum process take in the U.S.?

Processing time varies. Some cases are resolved within months; others may take years, especially if referred to immigration court. Court backlogs and limited availability of asylum officers contribute to the delays. As of 2025, many applicants experience wait times of two to four years, particularly in major cities with high case volumes.

Can you work while waiting for asylum?

Yes. If the applicant has waited 150 days since submitting their application and the case is still pending, they may apply for a work permit (Form I-765). This employment authorization is valid for up to two years and can be renewed while the asylum case is still open. Applicants should be careful not to work without permission, as it can harm their case.

What are the exceptions to the one-year deadline for asylum?

Some situations allow asylum applications after the one-year deadline:

• Changes in the conditions of the home country.
• Changes in the applicant’s personal circumstances.
• Extraordinary circumstances preventing timely filing (e.g., serious illness, trauma).

These must be well documented.

What happens in immigration court during a defensive asylum case?

If your asylum case goes to court, you will have a master calendar hearing followed by an individual hearing. During the individual hearing, you must present evidence, testimony, and possibly witnesses. The judge will evaluate your credibility, the evidence of persecution, and legal arguments. Having an attorney greatly increases the chances of success.

Can I appeal if my asylum case is denied?

Yes. If an immigration judge denies your asylum case, you may appeal to the Board of Immigration Appeals (BIA) within 30 days. If the BIA also denies the appeal, you may file a petition for review with a U.S. Court of Appeals. Legal support is crucial at every stage of the appeal process.

Common mistakes when applying for asylum in USA

• Failing to apply on time.
• Providing insufficient evidence.
• Contradictions during the interview.
• Missing appointments or hearings.
• Using false or altered information.
• Not consulting with an immigration attorney.

Frequently Asked Questions about Asylum in the U.S.

• Can I include my family in my asylum application? Yes. You can include your spouse and unmarried children under 21.
• Can I travel outside the U.S. while my asylum case is pending? Only with advance parole, but it can be risky.
• Can I get a green card after being granted asylum? Yes. After one year of receiving asylum, you may apply for permanent residence (green card).
• Can I be detained while applying for asylum? Yes, especially if you entered the country irregularly. Learn more about detention during asylum proceedings.
• Do I need an attorney to apply for asylum? It is not mandatory, but strongly recommended. Asylum law is complex, and an experienced attorney can help you avoid mistakes and strengthen your case.

Do you need help filing for asylum in USA?

The asylum process can be complex, especially given frequent changes in immigration law. At J. Molina Law Firm, we help immigrants present their case with the best legal strategy. If you need assistance with your asylum application, contact us for a confidential consultation. Your future deserves to be protected with experience and commitment.