Home › Asylum seeker guide › How to apply for asylum

How to apply for asylum in the United StatesHow to apply for asylum

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Start here: ① As a rule, asylum must be filed within 1 year of your last arrival in the United States; late filings are allowed only under the statutory exceptions. ② People who have not received a Notice to Appear file with USCIS (affirmative asylum); people already in immigration court proceedings apply before the judge (defensive asylum). ③ For people without lawful status, an affirmative application that is not approved is usually referred to immigration court. ④ Your form, personal declaration, evidence and oral testimony must be truthful and consistent; deliberately fabricating a claim can permanently bar you from immigration benefits. ⑤ For a USCIS interview you must bring your own qualified interpreter.

Asylum is protection for people inside the United States who cannot or dare not return home because of persecution. Once granted, you may live and work in the United States, and after one year you may apply for a green card. This page covers the overall process and key points of applying; for item-by-item instructions on the form see Form I-589 explained, and for work permits and fees see Asylum work permits and Asylum-related fees.

1. Who qualifies: the refugee definition and the five grounds

The applicant must meet the definition of “refugee” in section 101(a)(42) of the Immigration and Nationality Act (INA): someone who has suffered persecution in the past, or has a well-founded fear of persecution in the future, and is therefore unable or unwilling to return to their country of nationality; the persecution must be on account of one of five grounds: race, religion, nationality, membership in a particular social group, or political opinion. Under INA 208(b)(1)(B)(i), that ground must be “at least one central reason” for the persecution.

For example, grounds commonly raised by applicants from China include:

Religion: for example, being punished or detained for attending an unregistered church or taking part in other religious activities;
Political opinion: including political opinions you actually hold, or that the authorities believe you hold;
Family planning: INA 101(a)(42) expressly provides that a person who has been forced to abort a pregnancy or undergo sterilization, or who has been persecuted for failing or refusing to undergo such a procedure or for other resistance to a coercive population control program, is deemed to have been persecuted on account of political opinion; the same applies to a person with a well-founded fear of being forced to undergo such a procedure or of persecution for such resistance. Under the Attorney General’s decision in Matter of J-S- (2008), this provision protects the person directly affected; a spouse does not qualify automatically merely by being a spouse and must have their own experience or acts of resistance.

“Persecution” must reach a fairly serious level and is usually carried out by the government, or by people the government is unable or unwilling to control. Economic hardship alone, ordinary crime or general social unrest generally do not form a basis for asylum. Whether you qualify depends on the specific facts; this page does not comment on any individual case.

2. Affirmative vs. defensive asylum

Item	Affirmative asylum	Defensive asylum
When it applies	You are in the United States and are not in removal proceedings in immigration court	You have received a Notice to Appear (NTA) and are in immigration court proceedings
Where to file	USCIS (online or by mail; follow USCIS’s current instructions)	The immigration court, by the deadline the judge sets, with service on the DHS prosecutors
Who decides	An asylum officer, in a non-adversarial interview	An immigration judge, in an adversarial hearing where the DHS attorney may cross-examine
If not approved	People with lawful status are generally denied and keep their existing status; people without lawful status are usually referred to immigration court	You may appeal to the Board of Immigration Appeals (BIA) within the deadline

In immigration court, the I-589 is also treated as an application for withholding of removal and protection under the Convention against Torture (see section 8). For unaccompanied minors, initial jurisdiction generally remains with USCIS even when they are in court proceedings. For court procedures, see Immigration court hearings.

3. The one-year deadline and its exceptions

Under INA 208(a)(2)(B) and 8 CFR 208.4(a)(2), the applicant must show by “clear and convincing” evidence that the application was filed within 1 year of the last arrival. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day; the filing date is the date USCIS or the court receives the application, not the date it was mailed.

For late filings, under INA 208(a)(2)(D), there are only the following two types of exceptions, and you must file within a “reasonable period” after the exceptional circumstances arise (there is no fixed number of days; the adjudicator decides case by case):

Changed circumstances: changes that materially affect eligibility, for example changes in conditions or laws in your home country, new risks arising from your own religious or political activities, or a derivative applicant losing derivative status through divorce or turning 21;
Extraordinary circumstances: circumstances directly related to the late filing that you did not intentionally create, for example serious illness or the effects of past persecution during the first year after arrival, ineffective assistance of counsel, or having maintained lawful status, TPS or parole throughout that period and filing within a reasonable period before or after it ended (8 CFR 208.4(a)(5)).

If you do not qualify for an exception, you may still apply in immigration court for withholding of removal and CAT protection, but the standard of proof is higher. If you are close to the one-year deadline, it is better to file a complete, truthful application on time first and then supplement it as the rules allow.

4. When you cannot apply or cannot be granted asylum (general rules)

You cannot apply if you can be removed to a safe third country under a bilateral or multilateral agreement, if you have previously been denied asylum, or if you filed late with no exception. The last two have exceptions for “changed circumstances” (INA 208(a)(2)(A)–(D)).
You cannot be granted asylum if you participated in the persecution of others; were convicted by a final judgment of a particularly serious crime in the United States; committed a serious nonpolitical crime outside the United States; are a danger to U.S. security or are involved in terrorist activity; or were firmly resettled in a third country before arriving (INA 208(b)(2)).
Changes as of October 2026: In immigration court, DHS has been widely invoking “Asylum Cooperative Agreements” (involving countries such as Honduras, Guatemala, Ecuador, Uganda and Belize) to ask judges to pretermit asylum applications without a full hearing. The BIA, in Matter of C-I-G-M- (29 I&N Dec. 291, BIA October 2025), endorsed considering this issue first; related class action litigation is ongoing. The presidential proclamation restricting asylum at the southern border also remains in litigation. People in court proceedings should have an attorney assess their case as early as possible.

5. Filing the I-589

The principal applicant uses Form I-589 and may list a spouse and unmarried children under 21 who are in the United States as derivative applicants (see section 9). The form must be completed in English, and your signature is a sworn statement that its contents are true. For item-by-item instructions see Form I-589 explained.
Affirmative applications: Eligible applicants may file through a USCIS online account or by mail as the form instructions describe. People already in court proceedings and people who already have a pending I-589, among others, cannot file online; follow USCIS’s current instructions.
Court applications: File with the court by the deadline the judge sets; applicants with attorneys file through EOIR’s electronic system (ECAS). Missing the judge’s deadline may be treated as abandoning the application.
Fees: H.R. 1, signed on July 4, 2025, created a non-waivable asylum application fee (statutory amount $100) and an annual asylum fee payable each year while the case is pending, adjusted for inflation; check the amounts currently published by USCIS and EOIR. For how to pay, the consequences of not paying and the status of litigation as of October 2026, see Asylum-related fees.

6. Evidence and your personal declaration

Under INA 208(b)(1)(B), the burden of proof is on the applicant. Your testimony alone may be sufficient, but the adjudicator may require reasonably available corroborating evidence; the adjudicator judges credibility based on the totality of the circumstances, and inconsistencies among your form, declaration, evidence and oral testimony may be considered even if they do not go to the heart of the claim.

Personal declaration: Write it from your own experience, in chronological order, making clear the times, places, what happened, who harmed you, the harm you suffered, and why you cannot return to your country and why you cannot relocate elsewhere within it. Do not exaggerate or use a template; if you do not remember something clearly, say so honestly.
Corroborating evidence: Identity documents, medical records, summonses or penalty documents, photographs, communications records, letters from churches or organizations, witness statements, and country conditions materials such as country human rights reports. If you truly cannot obtain something, explain why.
Translations: Foreign-language documents must include a complete English translation and the translator’s certification of competence and accuracy; see Translation requirements for immigration documents.
Timing: Under 8 CFR 208.9(e), written evidence for a USCIS interview generally must be submitted at least 14 days before the interview; in court cases, submit by the deadlines set by the judge and the court’s rules.

Forged or purchased documents and “stories” written for you by others will not only lead to denial but may also constitute fraud.

7. Biometrics and the asylum interview

Biometrics: After filing an affirmative application you will receive an appointment notice; attend on time to have your fingerprints and photo taken. If you fail to appear without good cause, USCIS may treat it as a failure to appear and dismiss the application or refer it to court (8 CFR 208.10). In court cases, follow the instructions DHS provides.
Interview: An asylum officer conducts the interview in a non-adversarial manner (8 CFR 208.9). You may have an attorney or EOIR-accredited representative present (for USCIS cases, a G-28 must be filed), and you may bring witnesses and evidence. You are usually required to pick up the decision in person.
Interpreters (current rule): USCIS’s temporary pandemic-era rule providing contract telephone interpreters expired on September 12, 2023; the current 8 CFR 208.9(g) requires applicants who cannot proceed in English to bring their own interpreter, at their own expense. The interpreter must be at least 18 years old and fluent in English and in a language you speak fluently; your attorney or representative, a witness testifying on your behalf, or a representative or employee of the government of your country of nationality cannot serve. Failing to bring a qualified interpreter without good cause may be treated as a failure to appear for the interview.
During the interview: Answer truthfully, and say so if you do not understand; if you find an error in your form, point it out and correct it.

Starting in December 2025, USCIS paused issuing affirmative asylum decisions; on March 30, 2026, it announced it would resume processing for applicants from “non-high-risk countries” whose vetting is complete, but it did not publish a list. As of October 2026, the processing restrictions on nationals of countries on the travel restriction list remain in litigation; mainland China is not on that list. For the progress of an individual case, rely on USCIS notices.

8. Outcomes, and how asylum differs from withholding of removal and CAT

Approval: You obtain asylee status, may work, and may apply for a refugee travel document.
Referral to court: If an applicant without lawful status is not approved, the asylum officer refers the case to an immigration judge together with a Notice to Appear (8 CFR 208.14(c)(1)), and the judge hears the case anew.
Denial: If an applicant with valid status (including TPS or unexpired parole) is not approved, the application is denied and the applicant keeps their existing status; a notice of intent to deny may usually be issued first.

Protection	Standard of proof	1-year deadline	Can include family / leads to green card
Asylum (INA 208)	Well-founded fear; discretionary	Applies	Yes / Yes
Withholding of removal (INA 241(b)(3))	Persecution is “more likely than not”	Does not apply	No / No
CAT protection	Torture is “more likely than not”; none of the five grounds is required	Does not apply	No / No

Withholding of removal and CAT only prohibit removing you to a particular country, and generally only an immigration judge can grant them. See Relief available in immigration court.

9. Spouses and children, and the green card after approval

Spouse and children in the United States: They may be listed on the I-589 as derivative applicants and receive asylum together with the principal applicant when the principal is granted (INA 208(b)(3)). The marriage must exist at the time the principal is granted asylum.
Spouse and children abroad: After approval, you generally must file I-730 within 2 years.
Family members who have their own independent grounds of persecution may consider filing their own I-589s.
Green card: After you have been physically present in the United States for 1 year after approval, you may apply to adjust status with an I-485 under INA 209(b). Returning to your home country after approval may lead to termination of asylum (INA 208(c)(2)); be sure to consult an attorney before traveling.

Pre-filing checklist

I have confirmed the date of my last entry and calculated my 1-year deadline; if I am late, I have gathered evidence for the applicable exception
I have confirmed whether I am in immigration court proceedings and decided whether to file with USCIS or the court
If I do not have lawful status, I understand the risk that an affirmative application may be referred to court
My personal declaration is in my own words, is truthful, and has been checked against prior records such as visa applications
My foreign-language evidence has complete English translations and translator certifications
I have arranged a qualified interpreter for the interview
I understand the payment requirements for the asylum application fee and annual asylum fee, and I keep all receipts
All notices, receipts and copies of forms are stored safely

Common misconceptions

“File first to get a work permit and worry about the case later.” Filing creates a permanent record; for people without lawful status, an application that is not approved is referred to court, and false content can permanently bar you from immigration benefits.
“The one-year deadline starts when my visa expires.” It runs from your last entry; maintaining lawful status may qualify as an exception, but you must still file within a reasonable period.
“I can have an agent or a notario write a story for me.” For an asylum application, go only to a licensed attorney or an EOIR-accredited representative. Do not sign forms you do not understand.
“My attorney can also act as my interpreter.” Under the current rules, your attorney or representative cannot serve as your interpreter at the interview.

Consequences of a false application

INA 208(d)(6) provides that an applicant who, after receiving the statutory notice, knowingly files a frivolous application will, once that finding is made, be permanently ineligible for any benefits under the immigration laws. Form I-589 itself contains this notice. If something you filed previously is untrue, have an attorney assess it as soon as possible rather than continuing to cover it up. For choosing a representative, see How to choose an immigration lawyer.

How we can help

Based on your experiences and entry records, assess your prospects for asylum, withholding of removal, CAT and other relief, as well as the risks of applying affirmatively;
Calculate your one-year deadline and assess whether an exception applies;
Help prepare your I-589, personal declaration and evidence list, and arrange translation of your evidence;
Accompany you to your USCIS interview, or represent you at hearings in immigration court.

Frequently asked questions

I entered on a tourist visa that has not expired yet. Can I apply for asylum?

Yes. Asylum does not require any particular visa or status, but you must file within 1 year of your last entry or qualify for an exception. If you file while in valid status and are not approved, you are generally denied and keep your existing status rather than being referred to court.

It has been more than a year since I entered. Do I still have a chance?

It depends on whether there are “changed circumstances” or “extraordinary circumstances” and whether you file within a reasonable period, for example if you maintained lawful status such as F-1 throughout the year and filed shortly after that status ended. If you do not qualify for an exception, you may apply in immigration court for withholding of removal or CAT, which have higher standards. Consult an attorney as early as possible; the longer you wait, the harder it gets.

Can I bring a relative as my interpreter at the interview?

Yes, as long as the person is at least 18, fluent in English and your language, and is not your attorney or representative, not a witness testifying on your behalf, and not a representative or employee of the government of your country of nationality. If the relative will also testify for you, they cannot serve as your interpreter.

I am in immigration court. Can I apply with USCIS instead?

Generally no. For people already in court proceedings, the immigration judge decides the asylum application; there are a few exceptions, such as unaccompanied minors. File by the deadline the judge sets.

Can family planning experiences still be a basis for asylum?

The provisions of the law on forced abortion, sterilization and resistance to coercive population control remain in effect. Whether a claim succeeds depends on your own experiences, your evidence and your proof of future risk; a spouse does not qualify automatically merely by being a spouse.

How soon after asylum is granted can I apply for a green card?

After you have been physically present in the United States for 1 year following approval, you may file an I-485. Try not to leave the country during that time; if you need to travel, first apply for a refugee travel document, and do not return to your home country.