Who this is for
- People who are physically present in the U.S. or arriving at a port of entry, regardless of how they entered
- People who were persecuted, or fear future persecution, in their home country
- The persecution is generally linked to race, religion, nationality, political opinion or membership in a particular social group
- People who are not in removal proceedings usually apply affirmatively with USCIS; people in removal proceedings usually apply defensively before an immigration judge
- A spouse and unmarried children under 21 who are in the U.S. can often be included on the same application
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-589 | Application for Asylum and for Withholding of Removal | The main application that explains who you are, what happened, and why you fear returning to your country. |
| I-765 | Application for Employment Authorization | Used to ask for a work permit once the required waiting period after filing the asylum application has passed. |
| I-730 | Refugee/Asylee Relative Petition | Used after asylum is granted to bring a spouse or unmarried children under 21 who were not included in the original case. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used by people granted asylum to apply for a green card, generally after one year as an asylee. |
Step by step
- Understand which process appliesIf you are not in removal proceedings, you generally file affirmatively with USCIS. If you are already in immigration court, the application is usually filed with the immigration judge.
- Prepare Form I-589 and your statementThe form asks for detailed personal history and a written account of what happened. Many applicants also prepare a separate personal declaration.
- Gather supporting evidenceCollect identity documents, any proof of what happened, and reports about conditions in your country. Documents in another language usually need a certified English translation.
- File and pay the required feesSubmit the application to the correct place listed in the official instructions. Asylum applications now carry fees, including a yearly fee while the case is pending.
- Attend biometricsUSCIS schedules an appointment to take fingerprints and a photo for background and security checks.
- Attend the interview or hearingAffirmative applicants are interviewed by an asylum officer; defensive applicants present their case to an immigration judge. You will be asked about your history and your fear of return.
- Receive the decisionIf asylum is granted, you can generally apply for a green card after one year. If an affirmative case is not approved and you lack other status, it may be referred to immigration court.
Documents usually requested
- Passport, national ID card or birth certificate
- Your written personal statement describing what happened
- Any evidence of harm or threats, such as police reports, medical records or letters
- Statements from witnesses or people who know your situation
- Reports on human rights conditions in your home country
- Marriage certificate and children's birth certificates if family members are included
- Passport-style photos as required by the instructions
- Proof of entry to the U.S., such as an I-94 record, if you have one
- Certified English translations of any foreign-language documents
How long it takes
Asylum timing depends on whether the case is affirmative or defensive, the office or court handling it, backlogs, and how USCIS schedules interviews. Check the official processing-times page at egov.uscis.gov/processing-times/ for current information.
Government filing fees
Under laws and rules adopted in 2025 and 2026, Form I-589 now carries a filing fee, there is an annual asylum fee for each year the application remains pending, and a fee generally applies to the initial work permit application. Fees are set by USCIS and change, so check the fee schedule at uscis.gov/g-1055 before filing.
Working and traveling while you wait
Asylum applicants generally cannot apply for a work permit right away and must wait a set period after filing; DHS proposed changes to these work rules in 2026, so check the official asylum page for the current rules. Leaving the U.S. while the case is pending, especially to the country you fear, can seriously harm the case, so talk to an attorney before any travel.
Common mistakes to avoid
- Missing the one-year filing deadline without understanding whether an exception might apply
- Leaving out or changing important details between the form, the statement and the interview
- Not paying the annual asylum fee on time when notified, which can lead to the application being rejected
- Traveling outside the U.S. without first getting advance permission and legal advice
- Submitting foreign-language documents without certified English translations
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Is there a deadline to apply for asylum?
Yes, people generally must apply within one year of their last arrival in the United States. There are limited exceptions, such as changed circumstances that affect eligibility or extraordinary circumstances that caused the delay. Even if one year has passed, other forms of protection may still be possible, and an attorney can review the situation.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is filed with USCIS by someone who is not in removal proceedings, and the case is decided by an asylum officer after an interview. Defensive asylum is requested as a defense against removal in immigration court and is decided by an immigration judge. The same Form I-589 is generally used for both.
Can I work while my asylum case is pending?
Usually not right away, but asylum applicants can generally request a work permit after a waiting period from the date the complete application was filed. Delays caused by the applicant can stop the clock. The rules for asylum work permits were the subject of a 2026 DHS proposal, so check the official USCIS asylum page for the current requirements.
Does it cost money to apply for asylum now?
Yes, asylum applications now carry government fees, including a filing fee and an annual fee while the case is pending. These fees came from a 2025 federal law and related rules. Not paying the annual fee when notified can lead to rejection of the application, so check the USCIS fee schedule for current amounts.
What happens at the asylum interview?
An asylum officer asks questions under oath about your identity, your history and why you fear returning to your country. The officer may compare your answers with your written application. USCIS generally requires applicants who need an interpreter to follow the current interpreter rules listed in the interview notice.
What if I am in danger right now?
If you are in immediate danger, call 911. USCIS humanitarian pages also list resources and hotlines for people who need help.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.