Asylum may offer protection to certain people who have suffered persecution or fear future persecution because of race, religion, nationality, membership in a particular social group, or political opinion. Every case depends on its individual facts, evidence, filing history, and deadlines.
The One-Year Filing Deadline Is Important
An asylum application generally must be filed within one year after the applicant’s last arrival in the United States. Limited exceptions may apply for certain changed or extraordinary circumstances, but those exceptions are fact-specific and the application generally must still be filed within a reasonable period. If you may be approaching or have passed the deadline, seek individualized assistance promptly.
Two Asylum Processes
Where an application is filed and who decides it generally depends on whether the applicant is already in immigration-court proceedings.
Affirmative Asylum
An affirmative application is generally filed with USCIS by a person who is physically present in the United States and is not currently in removal proceedings before an immigration judge.
- Application is generally filed with USCIS.
- A USCIS asylum officer conducts an interview.
- If USCIS does not grant the application and the applicant lacks lawful status, the matter may be referred to immigration court.
Defensive Asylum
A defensive application is generally requested in immigration court as a defense against removal from the United States.
- Application is handled by the Executive Office for Immigration Review.
- An immigration judge conducts court proceedings.
- The Department of Homeland Security is represented in the proceedings, and the judge decides the asylum request and any other properly raised relief.
How We Can Assist
You may contact us before starting or while your asylum matter is already underway. The assistance appropriate for each case depends on its procedural posture and individual circumstances.
Initial Case Review
We can review the information you provide, discuss important dates, and help identify questions that may require additional evaluation.
Application Preparation
We can assist eligible applicants with organizing forms, personal-history information, declarations, and supporting documentation.
Interview or Hearing Preparation
We can help applicants organize records, understand the scheduled process, and prepare questions about what to expect.
Documents and Information to Gather
- Passport, identification, and immigration documents
- I-94 and records showing entries into the United States
- USCIS notices, court notices, or a Notice to Appear
- Previous immigration applications and decisions
- A timeline of important events, dates, and places
- Available records supporting the fear of harm or past persecution
- Information about possible witnesses
- Certified English translations of foreign-language documents when required
Employment Authorization While an Application Is Pending
Under current federal guidance, an asylum applicant generally may file Form I-765 under category (c)(8) after the asylum application has been pending for 150 days and may become eligible to receive an Employment Authorization Document after 180 days. Delays requested or caused by the applicant generally do not count toward these periods. Requirements and procedures can change, so confirm the current rules before filing.
Official Resources
- USCIS asylum information
- USCIS Form I-589 and current filing instructions
- Executive Office for Immigration Review
- EOIR automated case information
Request a Free Consultation
Asylum matters can involve strict deadlines and serious consequences. Contact our team whether you have not started or your case is already underway.
This page provides general information and does not determine eligibility, create a guarantee of representation, or promise any result. Asylum rules, filing procedures, and deadlines are complex and may change. Individualized review may be necessary.