U.S. Citizenship and Immigration Services (USCIS). Asylum program
Information Guide for Those Seeking Asylum
Every year people come to the United States seeking protection because they have been persecuted or fear persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. Those who meet the eligibility requirements for asylum may be permitted to remain in the United States.
What is asylum?
Asylum is a form of protection against removal to the country of feared persecution, allowing an eligible refugee to remain in the United States and later obtain permanent resident status.
Who may apply for asylum?
Persons of any nationality who are currently in the United States or who are seeking to enter the country at a port of entry (airport, seaport, or border crossing).
When should I apply for asylum?
Normally you must apply for asylum within one year of your last arrival in the United States. Exceptions may be made in cases such as
(1) changed circumstances in your country of origin affecting your eligibility, or
(2) extraordinary circumstances related to the delay in filing your application.
Can I apply for asylum if I am here illegally?
Yes. You may apply for asylum regardless of your immigration status, provided you do so within one year of your last arrival or can show that an exception to this rule applies to you.
Can I apply for asylum if I have been charged with a crime?
Yes. However, depending on the crime, you may be denied asylum.
Can my application be rejected or can I be denied asylum?
Your application for asylum may be rejected if you previously applied and an immigration judge or the Board of Immigration Appeals denied asylum, if you did not apply for asylum within one year of your last arrival, or if you may be granted residence in a safe third country under a bilateral or multilateral agreement. You may be denied asylum due to certain criminal activity, security reasons, or if you participated in the persecution of others or you are firmly resettled in another country. Exceptions may be made in some cases. If your application for asylum is rejected, you may still be eligible for another, more limited form of protection — withholding of removal, which may be granted at a removal hearing.
How do I apply for asylum?
To apply for asylum, you must complete Form I-589, “Application for Asylum and with Holding of Removal,” and carefully follow the instructions. Forms can be obtained at https://www.uscis.gov/forms or by calling the request line at 1-800-870-3676.
How much does it cost to apply for asylum?
There is no fee to apply for asylum.
Can I include my wife (husband) and children in my application?
Your spouse and children who are in the United States may be included in your application at the time of filing or at any other time before a final decision is made on your case. A child must be under 21 years of age and unmarried to be included as a dependent. Dependents must attend the asylum interview with you.
Will I undergo background and security checks if I apply for asylum?
Yes. Everyone who applies for asylum undergoes background and security checks. Depending on the results of the checks, you may be
denied asylum.
Will I be fingerprinted if I apply for asylum?
Yes. After filing your asylum application, you will receive a notice by mail with the time, date, and place for fingerprinting at an Application Support Center.
Can I work after filing for asylum?
You cannot apply for employment authorization at the same time you file for asylum. However, you may apply for employment
authorization if a decision on your case has not been made 150 days after you filed a complete asylum application, excluding any
delays caused by you. If you are granted asylum, you will be authorized to work as soon as your application is approved.
Can I travel outside the United States after filing for asylum?
If you need to travel outside the United States before a final decision is made on your case, you must obtain permission, called “Advance Parole,” before leaving the United States, so that you can return. If you do not obtain “Advance Parole,” USCIS will assume you have abandoned your asylum application, and you may be denied reentry to the United States. Additionally, if you obtain “Advance
Parole” and return to the country of feared persecution, USCIS may decide you have abandoned your application unless you provide compelling reasons for your return.
Can someone assist me during the asylum interview?
You may bring your attorney or legal representative to the interview at no cost to the U.S. government.
How will my interview be conducted if I don’t speak English?
Your interview will be conducted through an interpreter. USCIS does not provide interpreters. You must bring your own interpreter to the interview. If your interpreter does not speak English well enough, your interview may be rescheduled so that you can find a more qualified interpreter.
How does the asylum interview work?
You will come to the asylum office for an interview in a friendly setting with an asylum officer, who will verify your identity and ask you questions about your basic biographical information and the reasons you are seeking asylum. Everything you say during the interview is confidential. It is very important that you describe in as much detail as possible what you experienced, so that the officer can determine whether you meet the refugee definition. A decision on your case will not be made on the day of the interview.
How does the asylum officer determine whether I am eligible for asylum?
The asylum officer determines whether you meet the requirements for refugee status and whether you are eligible for asylum based on the information you provided in your application and during the interview, as well as other information available to the officer.
What happens if I am found ineligible for asylum?
If you are found ineligible for asylum but you have lawful immigration status or you are authorized to remain in the United States (based on Temporary Protected Status or, in some cases, while under supervision), you will receive a notice of intent to deny your application, explaining the reasons you were found not to meet the refugee definition. You will have an opportunity to rebut these reasons and provide additional information in support of your application. If you do not have lawful immigration status or you are not authorized to remain in the United States, you will be placed in removal proceedings, and your case will be referred to an immigration judge, who will consider your asylum application anew.
How can I find out about the status of my case?
Please contact the USCIS asylum officer who conducted or will conduct your asylum interview.
Where can I find the legal provisions?
The legal basis for asylum is set forth in Section 208 of the Immigration and Nationality Act. The federal regulations explaining the requirements for refugee status and the asylum procedures can be found in the Code of Federal Regulations, Title 8, § 208.
Overview of the Asylum Process
STAGE ONE: Asylum Seeker Arrives in the United States
The asylum seeker is generally eligible to apply for asylum under section 208(a) of the Immigration and Nationality Act if he or she
- arrives or is physically present in the United States, and
- files the application within one year of arriving in the United States, or can show that an exception to this rule applies.
STAGE TWO: Asylum Seeker Files the Asylum Application
The asylum seeker submits Form I-589, “Application for Asylum and Withholding of Removal,” to the appropriate asylum office.
STAGE THREE: Applicant Provides Fingerprints and Undergoes Background and Security Checks
Applicants 13 years of age and older receive a notice from the asylum office to have their fingerprints taken at an Application Support Center or a designated law enforcement agency.
STAGE FOUR: Applicant Receives Interview Notice
In most cases, the applicant receives a notice of the date, place, and time of the interview within 21 days after filing a complete Form I-589.
STAGE FIVE: Applicant Is Interviewed
The applicant is interviewed by an asylum officer at one of the eight asylum offices located in Arlington, Virginia; Chicago, Illinois; Houston, Texas; Los Angeles, California; Miami, Florida; Newark (Lyndhurst), New Jersey; New York (Rosedale), New York, and San Francisco, California, or at a district office if the applicant lives too far from an asylum office. In most cases, the applicant is interviewed within 43 days of filing the application; however, for individuals interviewed at a district office, the waiting period may be longer, as asylum officers must arrange travel to those offices.
STAGE SIX: Asylum Officer Determines Eligibility and Supervisory Officer Reviews the Decision
The asylum officer decides whether the applicant meets the definition of a refugee under section 101(a)(42)(A) of the Immigration and Nationality Act and whether any bars to asylum under section 208(b)(2) apply. A supervisory asylum officer reviews the asylum officer’s decision to ensure it is legally sufficient.
STAGE SEVEN: The applicant receives the decision
In most cases, the applicant receives the decision at the Asylum Office two weeks after the interview. Usually, a decision is made within 60 days of filing the application. However, the decision may be delayed due to pending results of background and security checks. Consideration of the application may also take longer if the applicant, who currently has lawful immigration status, was interviewed at a district office, or if the case is under review at Headquarters. In such cases, the decision is usually mailed to the applicant.
Additional Resources
You have the right to bring your legal representative to the asylum interview at no cost to the United States government. You may obtain a list of attorneys or non-profit organizations that can assist you on a pro bono (free or low-cost) basis by:
• Visiting our website pages for information on free legal assistance.
• Calling the Forms Request Line at 1-800-870-3676.
• Visiting the website of the Executive Office for Immigration Review at the Department of Justice: https://www.usdoj.gov/eoir .
• Contacting the Asylum Office or your local field office.
Representatives of the United Nations High Commissioner for Refugees (UNHCR) can help find individuals who will assist you in completing Form I-589. To contact UNHCR, call (202) 296-5191 or visit https://www.unhcr.org.
For more detailed information on the matters discussed in this brochure, please: visit https://www.uscis.gov/asylum or call 1-800-375-5283
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