In the United States, asylum serves as a critical legal safeguard for individuals who have suffered persecution or fear persecution in their home countries due to race, religion, nationality, membership in a particular social group, or political opinion. If you meet these criteria, you may be eligible to apply for asylum, granting you legal status in the U.S. and protection from detention or deportation.

Benefits of Asylum

Successful asylum applicants gain several key benefits, including:

  • Legal residence in the U.S.
  • Protection from detention or removal
  • The ability to apply for asylum for spouses and children
  • Automatic eligibility for a work permit, Social Security card, and travel documents
  • Pathways to a green card and eventual U.S. citizenship
  • Access to resettlement services, including financial and medical assistance, English language classes, employment support, and mental health services

Basic Eligibility Requirements

To qualify for asylum, applicants must meet the following conditions:

  • Demonstrate a well-founded fear of persecution in their home country
  • Be physically present in the U.S. at the time of application
  • Apply within one year of arriving in the U.S. (with limited exceptions)
  • Not have been resettled in another country
  • Not have committed certain crimes or pose a threat to U.S. security

Application Process and Fees

Applicants must be aware that the filing deadline is generally one year from the date of entry into the U.S., with few exceptions. The application requires a minimum fee of $100, with an additional $100 annual fee during the processing period. Fee waivers are not available for asylum applications.

Types of Asylum Applications

There are two primary ways to seek asylum in the U.S.:

  • Affirmative Asylum: For individuals not in removal proceedings
  • Defensive Asylum: For those already in removal proceedings

Individuals may be placed in removal proceedings if they entered the U.S. unlawfully, lack legal status, are detained by U.S. Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE), or have a denied affirmative asylum application.

Required Documentation

Applicants must provide:

  • Proof of identity and nationality
  • Photographs
  • A written personal statement
  • Country condition reports

All non-English documents must include certified English translations. Under new policies, affirmative asylum applications must include all required supporting documents at the time of submission. Missing documents may result in rejection or delays.

Application Procedures

For affirmative asylum, applicants must be physically present in the U.S. or at a port of entry and file Form I-589. Those in immigration detention or removal proceedings may request defensive asylum before an immigration judge, also using Form I-589.

After submission, applicants receive a receipt notice, followed by a fingerprint appointment and hearing notice. By law, immigration courts should adjudicate asylum cases within 180 days, though current backlogs may cause delays. Approved applicants become eligible for Social Security cards, driver's licenses, and may eventually apply for permanent residency and citizenship.