How to apply for asylum in the U.S.

Withholding of Removal can stop your deportation if you demonstrate to a judge that you are more likely than not to face persecution in your home country because of your race, religion, nationality, political views, or social group. Unlike asylum, it does not lead to permanent residency, and you cannot apply with your family. Learn more.

The Convention Against Torture (CAT) prevents deportation to the country you fled, but you must demonstrate that you are more likely than not to be tortured if returned. CAT does not give permanent residency and you may not apply with your family. 

You need documents showing proof of your identity and nationality, a photograph, a written declaration, and country condition reports. You will need to provide certified translations of any documents that are not in English.

New policy directs courts to not accept an affirmative asylum application referred by USCIS unless it includes all required supporting documents. If anything is missing, your application could be rejected or delayed, so make sure to provide all necessary evidence upfront.

The new administration has made it very difficult for you to ask for asylum at the U.S.-Mexico border by closing official entry points to asylum seekers. Border officers can also send you back to Mexico immediately, without allowing you to apply for asylum. Learn more

You cannot seek asylum at the U.S.-Canada border if you passed through Canada first unless you meet an exception. This is called the Safe Third Country rule. This rule requires you to apply for asylum in whichever country you arrive in first (the U.S. or Canada). Find more information about this rule.

In some cases, you might be able to apply after being in the U.S. for one year. If you missed the deadline, you must meet strict requirements:

• Changes in the conditions in your country of origin
• Activities you have become involved in that change your fear of persecution
• Previously been a dependent on someone else’s pending asylum application
• A serious illness or mental or physical disability interfered with your ability to apply within one year
• Legal disability, such as your status as an unaccompanied child or you suffered from a mental impairment
• You were wrongly advised by your legal counsel
• Afghan parolees may qualify for an exception to the 1-year filing deadline

You can list your husband, wife, or unmarried children under 21 as dependents on your application if they are in the United States. They will get the same decision in the asylum case as you.

They can also apply separately if they have been persecuted or fear persecution. An attorney can help you decide which is best. Children over the age of 21 or married children must file their asylum applications separately.

• An asylum officer with USCIS will review your application and send you a receipt notice.
  • There are currently delays in issuing receipts. For purposes of the one-year filing deadline, affirmative asylum interview scheduling priorities, and Employment Authorization Document eligibility, your filing date will still be the date USCIS received your Form I-589.
• You will receive a fingerprinting appointment notice with your local Application Support Center (ASC).
• You will receive a notice scheduling you for an interview with an asylum officer at the closest USCIS office.

You can check the status of your application online by typing in your receipt number.

You may ask USCIS to expedite your asylum interview to process it faster if you meet certain requirements such as serious financial harm.

USCIS is interviewing new applicants first and working back towards the list of older filings. The scheduling order is:

1. Applicants who were originally scheduled for an interview, but had to be rescheduled for certain reasons.
2. Applications that have been pending for 21 days or less.
3. All other pending affirmative asylum applications start with newer filings and work back toward older filings.

An asylum officer will review your asylum application and ask you questions about your fear of returning to your home country. A lawyer can help you prepare and be at your interview. Learn what to expect at the affirmative asylum interview.

If you need language support, you must bring an interpreter to your asylum interview. Your interpreter must be 18 years or older. Your interpreter must be fluent in English and your language. Your interpreter cannot have a pending asylum case. Your attorney or accredited representative, witness, and anyone involved in your case cannot serve as your interpreter.

The law guides USCIS to make a decision on asylum cases within 180 days of receiving applications. While new EOIR guidance is enforcing this rule more strictly, the current backlog may still cause delays. Many asylum cases are waiting to be processed. 

USCIS will let you know when you can pick up your decision at the asylum office that interviewed you. USCIS may mail your decision to your home if it takes longer to process your claim.

While you wait for a decision, you should:

• Apply for a work permit. If you are a pending asylum seeker you must wait 150 days before applying.
• Avoid traveling outside the U.S. except for emergencies. If you must leave the country, you will need to file Form I-131 with USCIS to re-enter the USA. You may not be allowed back into the country.

Yes. If you are denied asylum, you can ask for a judge to review your decision given by the asylum officer. This will put you in defensive asylum processing before the immigration court. An immigration judge will review your case and give a new decision.

• An immigration judge with EOIR will review your application and send you a receipt notice.
• You will receive a fingerprinting appointment notice with your local Application Support Center (ASC).
• You will receive a hearing notice with an immigration judge to present your asylum claim.

You can check the status of your court case online or by calling the EOIR hotline at 1 (800) 898-7180.

TIPS:
– Be sure to go to all of your appointments with ICE and your court hearings with EOIR.
– If you move, send a change of address form to ICE and EOIR within 5 days of moving.
– Carry copies of your paperwork to show you have an asylum application in progress in case ICE stops you.

The hearing is when a judge listens to your story. Your lawyer and the ICE lawyer will ask you questions. You may also have witnesses speak on your behalf.

You will be provided an interpreter if you are not fluent in English.

The law guides EOIR to make a decision on asylum cases within 180 days of receiving applications. While new EOIR guidance is enforcing this rule more strictly, the current backlog may still cause delays. Many asylum cases are waiting to be processed.

The immigration judge will likely give their decision at the end of your final hearing. The immigration judge may choose to mail you a written decision shortly after your final hearing.

Yes. You can appeal the decision of the immigration judge to a higher court called the Board of Immigration Appeals (BIA). You must file Form EOIR-26, a Notice of Appeal, within 30 days of the date of your decision. An immigration attorney or accredited representative can help you with this.