Asylum seeker guide
People who are already in the United States and fear returning home because of their religious beliefs, political opinions, family planning policies or other reasons may apply for asylum under the law. Filing is only the beginning of a long road: waiting for an interview or hearing, applying for a work permit, paying the annual asylum fee each year, updating your address when you move, and reporting on time. A mistake at any step can affect your case. This section, prepared by our managing attorney, David Wang, explains the rules, the risks and what you need to do in plain language, without scare tactics and without promising results.
Four detailed guides
Read the one that addresses your main concern. Each lists the legal basis, a checklist and common misconceptions.
How to apply for asylum in the United States
Who meets the “refugee” definition and the five protected grounds; the difference between affirmative asylum with USCIS and defensive asylum in immigration court; the one-year deadline and its exceptions; evidence, your personal declaration and translations; the asylum interview; what happens after approval, referral to court or denial; how asylum differs from withholding of removal and CAT protection; including your spouse and children.
Asylum work permits: (c)(8) and (a)(5)
The “EAD clock”: you can apply 150 days after filing the I-589, and it can be approved only after 180 days; what stops the clock; work permit validity shortened to 18 months; renewals no longer automatically extended; the work permit fee under H.R. 1; how the work permit relates to a Social Security number and a driver’s license.
The asylum application fee and annual asylum fee
Who must pay, when it is due, and how to pay at USCIS and in immigration court; what happens if you do not pay; the status of VAM v. USCIS and ASAP v. EOIR; why you cannot request a fee waiver; other related statutory fees.
Keeping your case safe
Changing your address (AR-11, EOIR-33); how to check your hearings and case status; the consequences of missing a hearing; ICE check-ins and ISAP; what happens to your case if you move to another state; the risks of leaving while your case is pending; avoiding notarios and non-attorney intermediaries; which documents to keep.
My stage → what to read
The table below gives general pointers. Everyone’s manner of entry, status and procedure differ; if you have a history of denials, removal orders, unlawful entry or a criminal record, consult an attorney before you act.
| My stage | What matters most now | Read first |
|---|---|---|
| Recently arrived, have not yet filed for asylum | Write down the date of your last entry; the 1-year deadline runs from that day. First determine whether you will apply affirmatively (USCIS) or are already in court proceedings; for people without lawful status, if an affirmative application is not approved, the case is usually referred to immigration court, so assess this before filing. Prepare your personal declaration and evidence truthfully; foreign-language documents must include English translations. | How to apply for asylum, Form I-589 explained |
| Filed I-589 with USCIS, waiting for an interview | Keep your receipt; attend biometrics as scheduled; after 150 days you may apply for a (c)(8) work permit; watch for annual asylum fee notices; update your address within 10 days of moving; asking to reschedule the interview may stop the EAD clock; do not leave the U.S. without advance parole. | Asylum work permits, Asylum fees, Checking your USCIS case status |
| Case is in immigration court | Attend every hearing; use the EOIR Automated Case Information system to check your next hearing; file EOIR-33 within 5 days of moving and also update your address with USCIS; file documents by the deadlines the judge sets; pay the annual asylum fee as the court’s notice or order requires; if ICE requires check-ins, report on time. | Keeping your case safe, Immigration court hearings, EOIR-33 |
| Already have a (c)(8) work permit | Note your work permit’s expiration date; since December 5, 2025, this category of work permit is valid for at most 18 months; renewals are no longer automatically extended, so if the old card expires before the new one is approved you cannot keep working; file your renewal early. Your asylum case itself must still move forward; a work permit is not a status. | Asylum work permits, Form I-765 explained |
| Received a denial, referral to court or removal order | Read the deadlines on the document carefully: if USCIS referred your case to court, appear as the Notice to Appear requires and apply again in court; if an immigration judge denied your case, the appeal deadline is very short; if you received a removal order for missing a hearing, promptly assess whether you can file a motion to reopen. Do not skip a hearing or check-in out of fear. | In absentia orders and reopening, Relief options in court, Removal defense section |
Steps after asylum is granted (filing I-730 for a spouse and children abroad, applying for a green card after one year, applying for a refugee travel document) are summarized in How to apply for asylum.
Recent changes (as of October 2026)
- Asylum application fee and annual asylum fee: H.R. 1 (signed July 4, 2025) requires a fee to file an asylum application and an annual asylum fee each year while the application is pending; both statutory amounts start at $100 and are adjusted for inflation each year; check the amounts currently published by USCIS and EOIR. The law does not allow fee waivers. On August 5, 2026, the U.S. District Court for the District of Massachusetts, in VAM v. USCIS, stayed USCIS’s penalties for unpaid annual asylum fees but did not stop the fee from being collected; on September 22, 2026, the U.S. District Court for the District of Maryland, in ASAP v. EOIR, ruled partly for the plaintiffs on the immigration courts’ enforcement practices. The litigation does not automatically extend your payment deadline. See Asylum fees.
- Shorter work permit validity: Since December 5, 2025, the maximum validity of work permits in categories such as pending asylum (c)(8) and granted asylum (a)(5) has been shortened from 5 years to 18 months.
- Renewals no longer automatically extended: For work permit renewals filed on or after October 30, 2025, most categories no longer receive an automatic extension; DHS confirmed this in a final rule on October 14, 2026. The relief in Doe v. DHS (U.S. District Court for the Central District of California, September 11, 2026) applies only to the plaintiffs in that case.
- Southern border asylum proclamation: Presidential Proclamation 10888 of January 20, 2025 restricts asylum for people entering across the southern border; in April 2026 the D.C. Circuit, in RAICES v. Mullin, upheld the ruling that the proclamation is unlawful, but the asylum-related relief remains stayed, and the government has petitioned the Supreme Court for certiorari. People already inside the United States who apply for asylum remain subject to rules such as the one-year deadline.
- Processing holds for certain nationalities: Starting in December 2025, USCIS placed holds on applications (including asylum) from nationals of countries listed in the travel restriction proclamation; in June 2026 the U.S. District Court for the District of Rhode Island vacated the holds, and the appeal is ongoing. Mainland China, Hong Kong and Taiwan are not on the list.
These policies and lawsuits change quickly. For sources on each development, see Policy updates and the Litigation tracker; before filing or paying, rely on the latest USCIS and EOIR announcements and the court rulings currently in effect.
Avoiding scams: the biggest danger in asylum cases is a “ghostwritten story”
- Use only a qualified representative. The people who can represent you in immigration matters are licensed attorneys and accredited representatives working at EOIR-recognized organizations. A “notario,” translation agency, travel agency or other non-attorney intermediary cannot give you legal advice or represent you.
- Do not use a template “story.” Under INA 208(d)(6), a person who knowingly files a frivolous application, after having been given notice of the legal consequences, is permanently barred from any benefits under the immigration laws once that finding is made. Form I-589 itself contains this notice.
- Do not sign forms you do not understand. Your signature confirms the contents are true. Even if someone else filled out the form for you, understand every item before you sign, and keep a complete copy.
- Do not buy or fake supporting documents. Fake documents will not only get your case denied but may also constitute fraud.
- Be wary of promises like “guaranteed work permit” or “guaranteed approval.” No one can guarantee the outcome of an asylum case.
To verify an attorney’s license, see How to choose an immigration lawyer.
Other resources
If you cannot afford an attorney, or want to look for free or low-cost help first, you can start with the lists below. Whether an organization on these lists is taking cases, and whether it speaks your language, is something you need to confirm by contacting it directly.
- EOIR List of Pro Bono Legal Service Providers: lists organizations and attorneys, by immigration court location, that may provide free legal services.
- EOIR Recognition and Accreditation Program (recognized organizations and accredited representatives): lets you verify whether a nonprofit organization or representative is recognized by EOIR.
- National Immigration Legal Services Directory (immigrationadvocates.org): search for nonprofit immigration legal service providers by state, type of service and language.
- ASAP (Asylum Seeker Advocacy Project): the nonprofit ASAP provides multilingual resources and membership services for asylum seekers.
Frequently asked questions
I have been in the U.S. for more than a year. Can I still apply for asylum?
Possibly, but it is significantly harder. For a late filing you must show “changed circumstances” (for example, changes in conditions or laws in your home country, or changes in your own religious beliefs or political activities) or “extraordinary circumstances” (for example, serious illness, or having maintained lawful status throughout that period), and that you filed within a reasonable period. If you do not qualify for an exception, you may still be able to apply in immigration court for withholding of removal and protection under the Convention against Torture (CAT), but these two forms of protection cannot lead to a green card and cannot include family members. See How to apply for asylum.
How long after filing for asylum can I get a work permit?
Under the current rules, you can apply for a (c)(8) work permit only after your asylum application has been pending for 150 days, and it can be approved only once the “EAD clock” reaches 180 days; delays caused by the applicant (for example, asking to reschedule an interview) pause the clock. The work permit also requires the statutory fee set by H.R. 1. See Asylum work permits.
Do I have to pay the annual asylum fee? Can I request a waiver if I cannot afford it?
H.R. 1 requires an annual asylum fee each year while the application is pending and expressly prohibits waivers. In VAM v. USCIS, the court stayed USCIS’s penalties for nonpayment but did not eliminate the fee, and the outcome of the litigation may change. The safe approach is to pay on time once you receive a notice, keep the receipt, and follow the litigation. See Asylum fees.
I moved. Is changing my address on the USCIS website enough?
If your case is only with USCIS, updating your address within 10 days as USCIS requires is enough (Form AR-11 or online change of address). If your case is in immigration court, you must also file EOIR-33 with the court within 5 days and serve it on the ICE prosecutors; a USCIS address change does not carry over to the court. If you move to another state, the court will not automatically transfer your case either. See Keeping your case safe.
While my asylum case is pending, can I go back to my home country to visit a sick parent?
The risk is very high. If you leave without first obtaining advance parole, your asylum application is presumed abandoned; even if you leave with advance parole, returning to the country where you claim persecution is also presumed to be abandonment, unless you can show compelling reasons. The trip itself may also be used to question your claim that you fear returning. Be sure to consult an attorney before leaving; for the rules, see Re-entry permits and advance parole.
How do I find out when my next hearing is?
You can check online with the EOIR Automated Case Information system (ACIS) or call the toll-free number 1-800-898-7180; you will need to enter your A-number (Alien Registration Number). If the information you find differs from the court’s notice, the court’s notice controls, and you should contact the court or an attorney promptly to verify. For applications filed with USCIS, check using your receipt number; see Checking your USCIS case status.
ICE told me to report and I am afraid. Can I just not go?
We do not recommend it. Failing to report as instructed may be treated as a violation of your conditions and lead to more serious consequences. You can contact an attorney in advance to assess your situation and find out whether an attorney can accompany you locally; arrive on time, bring your ID, your ICE documents and your case receipts, answer truthfully, and do not sign documents you do not understand. See Keeping your case safe.
Official sources
- INA §208 (8 U.S.C. 1158, asylum; the one-year deadline and the consequences of a frivolous application) (law.cornell.edu)
- 8 CFR Part 208 (asylum procedures; 208.7 work permits, 208.8 departure presumed abandonment) (ecfr.gov)
- 8 CFR 1003.15(d) (reporting a change of address to the immigration court within 5 days) (law.cornell.edu)
- 8 U.S.C. 1305 (reporting a change of address to DHS within 10 days) (law.cornell.edu)
- USCIS: Asylum
- USCIS: Form I-589, Form I-765, Fee Schedule G-1055
- USCIS: Online change of address
- EOIR: Automated Case Information (ACIS)
- Federal Register: USCIS Immigration Fees and Related Procedures Required by H.R. 1 (April 29, 2026)
- Federal Register public inspection: final rule ending automatic extension of work permits (91 FR 65306)
- USCIS: Find legal services and avoid scams
Related reading: Form I-589 explained, Form I-765 explained, Removal proceedings and immigration court, Expedited removal, Detention and bond.
Preparing an asylum application, have a case in immigration court, or received a fee notice, denial or referral to court? Book an attorney assessment, or call (312) 519-1115 or reach us on WeChat at WangLawpllc. Please send us your I-589 receipt, any court or ICE notices, your work permit and your entry records, and attorney David Wang will assess your deadlines and next steps based on your specific situation.
This page is general information, not legal advice. Asylum rules and fees are set by Congress, USCIS, the immigration courts and the federal courts and may change at any time; outcomes depend on the specific facts. Rely on official sources and consult an attorney or EOIR-accredited representative as early as possible.