How to

What is asylum, and how do you apply for asylum in the US?

FEDERALFederal law: section 208 of the Immigration and Nationality Act (8 U.S.C. § 1158). USCIS asylum officers decide affirmative cases; immigration judges of the Executive Office for Immigration Review (EOIR), U.S. Department of Justice, decide defensive cases.Checked by the Justice legal team against official sources · Last reviewed Oct 3, 2026

Key points

Who: People in the United States, or at a port of entry, who were persecuted or fear persecution because of race, religion, nationality, membership in a particular social group or political opinion.
Deadline: File Form I-589 within 1 year of your last arrival in the United States, unless changed or extraordinary circumstances explain the delay.
Two paths: Affirmative: you apply to USCIS and may be interviewed by an asylum officer. Defensive: you ask an immigration judge for asylum in removal proceedings.
Watch out: Tell only the truth. Knowingly filing a frivolous application, one with a deliberately fabricated material element, can make you permanently ineligible for immigration benefits.

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Asylum is protection for people who were persecuted, or fear persecution, in their own country because of their race, religion, nationality, membership in a particular social group or political opinion. You can apply if you are physically present in the United States or arriving at a port of entry, whatever your immigration status, and you must generally file Form I-589 within 1 year of your last arrival. If you are granted asylum, you and the spouse and children included in your application can stay and work in the United States, and later apply for a Green Card.

There are two main ways to ask. In the affirmative process you file with USCIS, and an asylum officer interviews you in a non-adversarial interview. In the defensive process you ask an immigration judge for asylum as a defense against removal. People stopped at the border may first have a credible fear screening. In every path you give your own account under oath, and the Form I-589 instructions warn of severe penalties for false information. Below: who qualifies, the deadline, how to apply, the fees, the interview, interpreters, work permits, your family and free legal help.

At a glance

Form: I-589Application for Asylum and for Withholding of Removal (edition 07/28/26)
Deadline: 1 yearFrom your last arrival in the United States, unless an exception applies
Work permit: 150 daysAfter you file, before you can apply for one on Form I-765
Interpreter: Your ownAt the USCIS interview, if you can't proceed in English

What is asylum, and who qualifies?

To qualify, you must meet the legal definition of a refugee: a person who is unable or unwilling to return to their country because of persecution, or a well-founded fear of persecution, on account of one of five protected grounds. That ground must be at least one central reason for the persecution you suffered or fear:

Race
Religion
Nationality
Membership in a particular social group
Political opinion

You can apply whatever your immigration status and however you arrived, if you are physically present in the United States or at a port of entry and you are not a U.S. citizen. The burden of proof is on you.

Watch out. Bars to asylum. You may not be granted asylum if, for example, you persecuted others, were convicted of a particularly serious crime, or committed a serious nonpolitical crime outside the United States. Other bars cover terrorist activity, being firmly resettled in another country, and being a danger to the security of the United States.

Watch out. Entered through the southwest border between May 12, 2023, and May 11, 2025? Under the Circumvention of Lawful Pathways rule, certain people who entered through the southwest land border or adjacent coastal borders in that period are presumed ineligible for asylum unless they show an exception or rebut the presumption. USCIS says it continues to apply the rule while a court case goes on.

Asylum vs refugee status: what is the difference?

Both protect people who meet the same definition of a refugee. The main difference is where you are when you ask:

Topic	Refugee status	Asylum
Where you are	Outside the United States.	In the United States, or arriving at a port of entry.
How you apply	Only through a referral to the U.S. Refugee Admissions Program, then an interview with a USCIS officer.	On Form I-589 with USCIS, or by asking an immigration judge in removal proceedings.
Also required	Being of "special humanitarian concern" to the United States, and admissible.	Filing within 1 year of your last arrival, unless an exception applies.
Family	Your spouse and unmarried children under 21 can be included.	Your spouse and unmarried children under 21 who are in the United States can be included.
Work	You can work as soon as you arrive.	Once asylum is granted, you can work right away. While you wait, see the work permit rules below.

Watch out. Refugee admissions are suspended. USCIS reports that Executive Order 14163 suspended the entry of refugees through the U.S. Refugee Admissions Program as of January 27, 2025, unless an exception applies.

Affirmative vs defensive asylum: the ways to apply

USCIS describes three ways to get asylum: the affirmative process, an Asylum Merits Interview after a positive credible fear screening at the border, and the defensive process in immigration court. Which one applies depends on whether you are in removal proceedings.

Topic	Affirmative (USCIS)	After a credible fear screening	Defensive (immigration court)
Who	You are not in removal proceedings before an immigration judge.	You were in expedited removal, and an asylum officer found you have a credible fear.	You are in removal proceedings before an immigration judge.
How you apply	File Form I-589 with USCIS.	The written record of your positive credible fear determination is treated as your application.	File Form I-589 with the immigration court.
Who decides	A USCIS asylum officer, after a non-adversarial interview.	A USCIS asylum officer, after a non-adversarial Asylum Merits Interview.	An immigration judge, after an adversarial, courtroom-like hearing. An ICE attorney represents the government.
Interpreter	You usually must bring your own.	USCIS provides one.	The court provides one.
If not granted	If you have no legal status, USCIS refers you to an immigration judge, who decides the case anew.	USCIS places you in streamlined removal proceedings before an immigration judge.	The judge looks at other forms of relief, or orders removal. Either side can appeal.

In court, you must attend every hearing, or you may be ordered removed. See Immigration court: your Notice to Appear and first hearing for how the hearings work.

At the border: the credible fear screening

Expedited removal lets DHS immediately remove certain people, such as some who arrive at a port of entry. If you are in expedited removal and you say that you intend to apply for asylum, that you fear persecution or torture, or that you fear returning to your country, you must be referred to a USCIS asylum officer for a credible fear interview. DHS may detain you during the process. Before the interview you receive:

An orientation to the credible fear process.
A list of free or low-cost legal service providers.
A waiting period of at least 4 hours.

A credible fear of persecution means a "significant possibility" that you can show, at a later Asylum Merits Interview or in immigration court, that you were persecuted or have a well-founded fear of persecution on one of the five grounds.

Positive finding: USCIS may keep your case for an Asylum Merits Interview with an asylum officer, or issue a Notice to Appear before an immigration judge.
Negative finding: you can ask an immigration judge to review it. If you don't, or the judge agrees with the officer, ICE may remove you.

The 1-year deadline to apply for asylum, and its exceptions

You must generally file Form I-589 within 1 year of the date of your last arrival in the United States. A late application can still be considered if you show changed circumstances that materially affect your eligibility, or extraordinary circumstances related to the delay, and you filed within a reasonable time given those circumstances. Examples USCIS gives include:

Changed circumstances: changes in conditions in your country, or in your own circumstances, such as activities that now place you at risk.
Changed circumstances: losing your place as a dependent on someone else's application, through marriage, divorce, death or turning 21.
Extraordinary circumstances: serious illness or mental or physical disability, including effects of past persecution, during the first year.
Extraordinary circumstances: you had TPS, a lawful status or parole until a reasonable period before you filed.
Extraordinary circumstances: you filed in time, USCIS returned the application as not properly filed, and you re-filed within a reasonable time.

Watch out. If you can't explain a late filing, or the explanation is not accepted, you may not be eligible for asylum, but you could still be eligible for withholding of removal or for protection under the Convention Against Torture. On Form I-589, your written explanation may be your only opportunity to have an asylum officer consider it.

How to apply for asylum with USCIS, step by step

Be in the United States. You must be physically present in the United States to apply.
Check whether you are in immigration court. If you have an A-Number, call EOIR's Automated Case Information hotline at 800-898-7180 or check its online system. If you are in proceedings, you file Form I-589 with the court, not USCIS, unless you are or were an unaccompanied child.
File Form I-589. Online or by mail, depending on your situation; USCIS's Filing Instructions Tool tells you which. Complete it in English, sign it and include the fee listed on the USCIS fee schedule.
Go to the biometrics appointment. USCIS sends a receipt notice and a fingerprint appointment notice. Each family member on your application gets a separate appointment, whatever their age, and must attend.
Wait for the interview notice. USCIS generally schedules the most recently filed applications first, while some officers work through the oldest ones. The notice gives the date, time and place, often an asylum office or a USCIS field office.
Send your evidence early. Since Aug. 21, 2026, all evidence must reach the asylum office 14 calendar days before the interview. Later evidence may be left out, or the interview rescheduled.
Go to the interview. With your interpreter if you need one, the family members on your application and your documents. See what happens and what to bring, below.
Get the decision. In most cases you return to the asylum office to pick it up 2 weeks after the interview. In some cases, such as security checks still pending, it is mailed.

Tip. USCIS may decide without an interview. The Form I-589 instructions say USCIS may decide your application without an interview or a request for evidence, so the application and evidence you send may be your only opportunity to meet your burden of proof.

Form I-589: what it asks, and the evidence to send

Form I-589, Application for Asylum and for Withholding of Removal, is free and must be completed in English. USCIS posts it to read in 12 languages, but accepts only the English version. It is also the application for withholding of removal and for protection under the Convention Against Torture. It asks about you and your family, then why you are applying. Examples of its questions:

“Have you, your family, or close friends or colleagues ever experienced harm or mistreatment or threats in the past by anyone?”
“Do you fear harm or mistreatment if you return to your home country?”
“Have you or your family members ever been accused, charged, arrested, detained, interrogated, convicted and sentenced, or imprisoned in any country other than the United States (including for an immigration law violation)?”

Send with it:

A copy of evidence of your relationship to each family member you include, such as a birth or marriage certificate.
A copy of every passport or travel document you have, cover to cover, and of any U.S. immigration documents such as Form I-94. Don't send originals unless asked.
The evidence that is reasonably available about the conditions in your country and about the facts of your own claim, or an explanation of why you don't have it.
A full English translation of any document in another language, certified by the translator as complete and accurate.
Form G-28, if a lawyer or accredited representative represents you.

Watch out. Anyone who helped you fill it in must sign it as the preparer, unless they are your spouse, parent or child. You sign it under penalty of perjury, and your signature shows you know what it says. USCIS rejects unsigned forms, and forms missing the explanation of why you are applying for asylum.

Is there a fee to apply for asylum? The Annual Asylum Fee

Public Law 119-21 (H.R. 1) added fees to the asylum process. USCIS lists an Asylum Application Fee for Form I-589 and an Annual Asylum Fee while your application is pending. Fees set by this law cannot be waived and are adjusted for inflation every year, so check the USCIS Fee Schedule (Form G-1055) for the current amount before you file.

The Annual Asylum Fee. The principal applicant pays it for each year the Form I-589 is pending. USCIS sends a notice with the amount; you should pay within 30 days, online through your USCIS account. As long as it is unpaid, USCIS cannot approve your application.Pub. L. 119-21 · USCIS: Form I-589
How much. USCIS lists the Annual Asylum Fee at $102, rising to $105 on Oct. 16, 2026, after an inflation update announced on Sept. 30, 2026.USCIS: FY 2027 fee adjustment
The first work permit. An asylum applicant's first Employment Authorization Document (Form I-765) also has a fee under this law: $560, and $570 from Oct. 16, 2026. Renewals under category (c)(8) also require a fee.USCIS: Form I-765
No fingerprint fee. You don't pay a fingerprinting fee or send a fingerprint card with Form I-589.USCIS: the affirmative asylum process
Ms. L. settlement. Since Feb. 5, 2026, USCIS has paused the Asylum Application Fee and the Annual Asylum Fee for members of the Ms. L. v. ICE settlement class, families separated at the border, and their qualifying family members.USCIS: Form I-589

Tip. USCIS never asks you to pay fees to a person on the phone or by email, and does not accept Western Union, MoneyGram, PayPal, Venmo or gift cards for immigration fees.

The asylum interview: what happens

The affirmative asylum interview is non-adversarial: an asylum officer asks the questions. It generally lasts at least an hour, and no decision is made at the interview itself.

The oath
You promise to tell the truth. Your interpreter also promises to interpret accurately and truthfully.
Identity
The officer verifies your identity and asks basic biographical questions.
Your reasons
The officer asks the reasons you are applying for asylum. USCIS says officers know it may be difficult to talk about traumatic and painful experiences, but it is very important that you talk about them so the officer can decide whether you qualify.
Bars
Questions to see whether any bar prevents you from applying for or being granted asylum.
Your statement
At the end, you and your lawyer or representative have time to make a statement or add information.
Signature
You sign Part F of Form I-589 at the end of the interview.

What you say is confidential. In general, information about your asylum claim cannot be shared with third parties without your written consent, with some exceptions in the regulations (8 C.F.R. § 208.6). You may also bring witnesses to testify for you.

You may bring a lawyer or accredited representative, at no cost to the U.S. government. They must file Form G-28 with USCIS to come with you. If your representative can't come and USCIS won't reschedule, you can sign a waiver and go ahead without them, or accept referral to immigration court, which is treated as a failure to appear.

Watch out. Rescheduling is harder since Aug. 21, 2026. USCIS reschedules an asylum interview only for exceptional circumstances, such as a serious illness or a death in your close family. Call the USCIS Contact Center at 1-800-375-5283 before the interview, or within 10 calendar days after missing it, with your reason and evidence. USCIS no longer sends a warning notice after a missed interview: it may dismiss your application if you have a lawful basis to stay in the United States, or refer it to an immigration judge if you don't.

How to answer: your own account, truthfully

The interview is about what happened to you. Listen to each question, answer that question, and stop. If you don't understand a question or the interpreter, say so. If you don't know or don't remember, say that too, rather than guess. If the details are hard to remember or talk about, USCIS suggests talking to a lawyer, an accredited representative or a health professional who may help you explain your experiences.

“Did you understand the question?”

If you did not: “No. Could you please repeat it, or ask it another way?”

“On what date did this happen?”

If you don't remember the exact date: “I don't remember the exact date, and I don't want to guess.”

“Is there anything in your application you need to correct?”

If something is wrong or has changed: “Yes. One answer is not correct. May I explain?”

“Why are you applying for asylum?”

In your own words: “I will tell you what happened to me, in order, from the beginning.”

Watch out. The official warning. The Form I-589 instructions say that if you knowingly and willfully falsify or conceal a material fact or submit a false document, USCIS will deny your Form I-589 and may deny any other immigration benefit. They add: "you will face severe penalties provided by law and may be subject to criminal prosecution." An application is frivolous if any of its material elements is deliberately fabricated. A frivolous application can make you permanently ineligible for any benefits under the Immigration and Nationality Act, and you may not avoid that simply because someone advised you to give false information.

Tip. Criminal history. You must disclose any criminal history on Form I-589 and at the interview. A conviction does not automatically stop you from applying, but depending on the crime it may bar you from being granted asylum.

Interpreters at the asylum interview

At an affirmative asylum interview, you must bring an interpreter if you cannot proceed in English. USCIS does not provide interpreters for the interview, except if you are deaf or hard of hearing. At an Asylum Merits Interview USCIS provides the interpreter, and in immigration court the court does.

The interpreter must be fluent in English and in a language you speak fluently, and at least 18 years old.
Your lawyer or representative, a witness testifying for you, or a representative or employee of your country's government cannot interpret for you.
The interpreter takes an oath to interpret accurately and truthfully.
USCIS uses contract interpreters, by telephone, to monitor your interpreter. They may interject if the interpretation is not adequate, accurate and neutral.
If you are deaf or hard of hearing, ask for an interpreter as a disability accommodation, in advance of the interview.

Watch out. Failing without good cause to bring a competent interpreter may be treated as an unexcused failure to appear. USCIS can then dismiss your application or refer it to an immigration judge, and it counts as a delay you caused for your work permit.

What to bring to the asylum interview

Identification: any passports, other travel or identity documents, and your Form I-94 if you received one.
The originals of the birth certificates, marriage certificates and other documents you sent with Form I-589.
A copy of your Form I-589 and everything you sent with it, in case the asylum office is missing something.
Your interpreter, if you cannot continue the interview in English.
Your spouse and children under 21 that you included as derivatives, with their identity and travel documents.
A certified English translation of every document that is not in English.
Your lawyer or accredited representative, if you have one, after the Form G-28 is filed.
Any witnesses who will testify for you.

Tip. Evidence must reach the asylum office 14 calendar days before the interview (since Aug. 21, 2026). Evidence sent later may be left out, or the interview rescheduled, which may affect your work permit.

Including your spouse and children

You can include your spouse and your unmarried children under 21 who are in the United States as dependents, when you file or at any time until a final decision on your application. If you are granted asylum, they are too. Children who are 21 or older, or married, must file their own Form I-589.

List all your spouse and children on the form, wherever they live and whether or not you include them.
Each family member you include has their own biometrics appointment, and comes to the interview.
A child who turns 21 after you filed, while the application is pending, stays eligible as your dependent.
To add a spouse or child to a pending application, mail your request to the asylum office handling your case. Don't file another Form I-589.
After a grant, you can petition on Form I-730 for your spouse and unmarried children under 21 who are abroad, within 2 years of the grant unless humanitarian reasons excuse the delay. There is no fee.

The asylum work permit: when you can apply

Filing for asylum does not by itself let you work. You can file Form I-765 for an Employment Authorization Document, category (c)(8), 150 days after you file your asylum application, and USCIS can issue it once the application has been pending for 180 days. This is called the 180-Day Asylum EAD Clock.

Delays you ask for or cause stop the clock. USCIS gives these examples:

Asking to move your case to another asylum office or interview location, including after a change of address.
Asking to reschedule the interview.
Missing an interview or a biometrics appointment.
Not bringing a competent interpreter, if you need one.
Asking to give more evidence at or after the interview, or within 14 calendar days before it.

If you are granted asylum, you can work right away. After an affirmative grant USCIS mails you an EAD, but you do not need one to work. Each family member on your application who wants a work permit files a separate Form I-765.

Tip. USCIS Case Status Online shows, with your receipt number, whether your 180-Day Asylum EAD Clock is stopped and how many days you have.

After the interview: the decision

If…	What to do	Good to know
Asylum granted	You receive a letter and a Form I-94. You can apply for an EAD, a Social Security card and, after 1 year, a Green Card on Form I-485 (see the green card interview).	The grant includes your spouse and children who were in the United States and on your application. It does not expire, but it can be ended, for example if it was obtained through fraud.
Referred to immigration court	Go to every hearing on your Notice to Appear. You don't file a new application: the judge decides your case independently. See immigration court hearings.	This happens when USCIS can't approve your case and you are in the United States without lawful status. A referral is not a denial.
Notice of Intent to Deny	Respond in writing within 16 days with an explanation, new evidence, or both.	Sent if you have valid legal status but are found ineligible. Without a response, or if it doesn't overcome the reasons, you get a final denial, which you cannot appeal.

Free legal help, and avoiding notario scams

You can represent yourself, or have a lawyer or accredited representative, at no cost to the U.S. government; the government does not provide or pay for one. Accredited representatives are not lawyers: EOIR approves them to represent people before DHS and the immigration courts, and they work only through recognized non-profit organizations. EOIR does not endorse anyone on its lists.

EOIR list of free legal service providersNon-profits and lawyers who give at least 50 hours a year of free help at each immigration court. Published every quarter.Recognized organizations and accredited representativesEOIR's rosters, including a list by state.Find free or low-cost legal helpLegal aid and state bar referral services.Immigration court hearingsIf you are in removal proceedings or were referred to court.

Watch out. Notario scams. A notario público is not authorized to provide legal services related to immigration. Only an attorney, or an accredited representative working for a Department of Justice recognized organization, can give you legal advice and represent you. Before you hire anyone, check EOIR's list of currently disciplined practitioners. Don't sign a blank form or any form with false information, ask for copies of the forms prepared for you, and remember that USCIS forms are free.

Common questions

What is asylum?

Protection the United States can give to people in the country, or arriving at a port of entry, who were persecuted or fear persecution because of their race, religion, nationality, membership in a particular social group or political opinion. You apply on Form I-589.

Is there a deadline to apply for asylum?

Yes. You must generally file within 1 year of your last arrival in the United States. A late application can be considered if you show changed circumstances that affect your eligibility, or extraordinary circumstances related to the delay, and you filed within a reasonable time.

How much does it cost to apply for asylum?

Public Law 119-21 added an Asylum Application Fee and an Annual Asylum Fee, which cannot be waived and change every year. USCIS lists the Annual Asylum Fee at $102, and $105 from Oct. 16, 2026. Check the USCIS Fee Schedule for the current Form I-589 fee before you file.

When can asylum seekers get a work permit?

You can file Form I-765 150 days after you file your asylum application, and USCIS can grant it once the application has been pending for 180 days, not counting delays you asked for or caused.

Do I need to bring an interpreter to my asylum interview?

Yes, at an affirmative interview with USCIS, if you cannot proceed in English. The interpreter must be at least 18, fluent in English and your language, and not your lawyer, a witness or a representative of your country's government. USCIS provides sign language interpreters, and the immigration court provides interpreters in court.

What is the difference between asylum and refugee status?

Both use the same definition of a refugee. Refugees apply from outside the United States, through a referral to the U.S. Refugee Admissions Program. Asylum is for people in the United States or arriving at a port of entry.

Official sources

USCIS: Asylum (eligibility, family, permission to work; alerts of Aug. 21, 2026) uscis.gov
USCIS: Refugees and Asylum uscis.gov
USCIS: Refugees uscis.gov
USCIS: Obtaining Asylum in the United States (affirmative, Asylum Merits Interview, defensive) uscis.gov
USCIS: The Affirmative Asylum Process uscis.gov
USCIS: Preparing for Your Affirmative Asylum Interview uscis.gov
USCIS: Questions and Answers, Affirmative Asylum Eligibility and Applications uscis.gov
USCIS: Credible Fear Screenings uscis.gov
USCIS: Questions and Answers, Credible Fear Screening uscis.gov
USCIS: Establishing Exceptional Circumstances for Rescheduling Affirmative Asylum Interviews uscis.gov
USCIS: Affirmative Asylum Interview Scheduling uscis.gov
USCIS: Types of Affirmative Asylum Decisions uscis.gov
USCIS: Form I-589, Application for Asylum and for Withholding of Removal (fees, Annual Asylum Fee) uscis.gov
Form I-589 (edition 07/28/26) uscis.gov
Instructions for Form I-589 (edition 07/28/26) uscis.gov
USCIS: Form I-765, Application for Employment Authorization (category (c)(8)) uscis.gov
USCIS: The 180-Day Asylum EAD Clock Notice uscis.gov
USCIS: Fee Schedule (Form G-1055) uscis.gov
USCIS: FY 2027 inflation increase for certain immigration-related fees (Sept. 30, 2026) uscis.gov
USCIS: Common Scams (notarios públicos, payments) uscis.gov
USCIS: Legal Services (who can represent you) uscis.gov
EOIR: Learn About Immigration Court justice.gov
EOIR: List of Pro Bono Legal Service Providers justice.gov
EOIR: Recognition and Accreditation Roster Reports justice.gov
EOIR: Recognition and Accreditation Program justice.gov
EOIR: List of Currently Disciplined Practitioners justice.gov
8 U.S.C. § 1158: Asylum (INA § 208) govinfo.gov

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.