Asylum, Explained
A comprehensive guide on how to apply for asylum and seek protection in the U.S.
Every year, thousands of people arrive in the United States seeking safety from violence, persecution, and oppression in their home countries. Asylum is a form of legal protection that allows individuals who fear harm to remain in the U.S. and rebuild their lives. Whether you are a recent arrival, or someone seeking information for a loved one, this guide is designed to provide clear, accurate, and up-to-date information about asylum in the United States, including what it is, who is eligible, and how to apply.
New Asylum Fee Surcharge
Beginning in fiscal year 2025, a new $100 annual surcharge will apply to pending asylum applications under the One Big Beautiful Bill Act (OBBBA).
This fee will be charged each year an asylum case remains unresolved. See the full list of upcoming fee changes.
What is Asylum?
Asylum is a form of immigration relief that allows individuals to legally stay in the United States if they can prove they were persecuted or fear future persecution in their home country based on their race, religion, nationality, membership in a particular social group, and/or political opinion. Everyone who enters the U.S. — whether through legal or illegal pathways — has the constitutional right to seek asylum.
There are two main types of asylum in the U.S.:
- Affirmative asylum: For individuals who are not in removal proceedings and apply voluntarily through U.S. Citizenship and Immigration Services (USCIS).
- Defensive asylum: For individuals already in removal proceedings who request asylum as a defense against deportation.
Important:
The Trump administration has dramatically reshaped the U.S. asylum system since returning to office. Here’s a summary of the administration’s actions:
A sweeping executive action in January 2025 suspended the right to seek asylum for most people arriving at the southern border, including at official ports of entry.
The Department of Homeland Security announced on January 21 that it plans to reinstate the Migrant Protection Program (MPP) — also known as the “Remain in Mexico” policy — implemented in Trump’s first term, forcing asylum seekers to wait outside the U.S. while their cases move through immigration court.
The administration is attempting to delay work permits for asylum seekers until after their cases are fully decided, a change that could leave many without legal income for years.
The use of expedited removal and long-term detention has increased since the new administration took office in January.
These policies are facing legal challenges and could change, so it’s important to stay informed and speak with a qualified immigration attorney if you’re impacted.
Why is Asylum Important?
Asylum offers more than just legal protection. If granted asylum, you can:
- Legally work and live in the U.S.
- Apply for a Social Security number (SSN) and work authorization
- Petition to bring family members to the U.S.
- Apply for a green card after one year
Asylum is a crucial safety net for individuals whose lives are in danger and who have no other pathway to protection.
Who is Eligible for Asylum?
To be eligible for asylum, you must:
- Be physically present in the U.S. or seeking entry at a port of entry
- File your asylum application within one year of your last arrival in the U.S. (some exceptions apply)
- Show that you have suffered past persecution or have a well-founded fear of future persecution due to one of the five protected grounds listed above
You may be barred from asylum if you:
- Committed serious crimes or persecuted others
- Pose a national security threat
- Previously filed and were denied an asylum application (unless conditions have changed)
Requirements to Apply for Asylum
You must submit:
- Form I-589 (“Application for Asylum and Withholding of Removal”)
- Personal statement and supporting documentation
- Identity documents
- Any available evidence of past persecution (medical records, police reports, news articles, affidavits, etc.)
How and Where to Apply for Asylum
- Affirmative asylum: File Form I-589 with USCIS. If you’re in the U.S. and not in removal proceedings, you can mail your application to the appropriate service center.
- Defensive asylum: Submit Form I-589 during immigration court proceedings.
After applying, you’ll be scheduled for:
- A biometrics appointment
- An asylum interview (for affirmative cases)
- An immigration court hearing (for defensive cases)
If approved, you’ll receive asylum status and can stay in the U.S. indefinitely.
If denied and you’re not in removal proceedings, you may be referred to immigration court, where you’ll have another chance to defend your case. You may also be eligible for Withholding of Removal or protection under the Convention Against Torture (CAT) if asylum is denied.
Asylum Application Timeline
- One-Year Filing Deadline: You must apply for asylum within one year of your last arrival in the U.S., unless you qualify for an exception (e.g., changed circumstances).
- Work Authorization: You may apply for work authorization 150 days after filing your asylum application (and 180 days must have passed before USCIS can approve it).
- Interview Wait Times: Asylum interviews may be scheduled several months to years after filing, depending on your case and location.
- Green Card Eligibility: You can apply for a green card one year after being granted asylum.
How Much Does It Cost to Apply for Asylum?
There is no fee to file Form I-589 or to attend an asylum interview. However, you may incur costs for legal representation, document translations, and medical evaluations.
USCIS does not require a fee for work authorization applications related to a pending asylum case (Form I-765).
Asylum FAQs
Yes. You can include your spouse and unmarried children under age 21 in your application.
It’s a screening interview for people who arrive at the border without documents and express fear of returning home. If USCIS finds you have a credible fear, you may begin the asylum process.
Yes. You can apply for asylum regardless of how you entered the U.S. (i.e. legally or illegally), as long as you meet eligibility requirements.
It varies. Some cases are decided within months; others may take years, depending on your case’s complexity and USCIS backlogs.
Only with advance parole. Leaving the U.S. without it could result in your case being considered abandoned.
Hiring a lawyer is not required but may be a good idea due to the complexity of the asylum process.
You may appeal the decision, apply for other forms of relief, or be placed in removal proceedings depending on your case.