Here is what you need to know about who qualifies for asylum:
- Asylum protects individuals fearing persecution based on race, religion, nationality, political opinion, or social group.
- You must apply within one year of arrival unless you qualify for an exception.
- Your application will be reviewed in an interview with USCIS, where you must explain your case and provide supporting evidence.
- Missing the one-year deadline can make you ineligible, but exceptions exist for changed or extraordinary circumstances.
- Legal assistance is highly recommended to navigate the process and improve your chances of approval.
If you think about applying for asylum, consult a lawyer. Read our guide about pro-bono and low-cost lawyers in New York.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. This story was last updated March 12, 2025.
What is asylum?
Asylum is a form of protection granted to individuals who are already in the United States or arriving at the border and cannot return to their home country due to persecution or a well-founded fear of persecution based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
You can apply regardless of your immigration status, but approval is not guaranteed. Asylum allows you to stay in the U.S. legally and eventually apply for permanent residency, also known as a green card.
Who qualifies for asylum in the U.S.?
You may be eligible for asylum if:
- You are physically present in the U.S. or at a port of entry.
- You can demonstrate that you have suffered persecution or have a well-founded fear of persecution in your home country.
- You apply within 1 year of arriving in the U.S. (unless you qualify for an exception).
If you are in the U.S. illegally or have overstayed a visa, you can still apply for asylum.
What is the process for applying for asylum?
Here are the steps to apply for asylum:
- File Form I-589:
- Submit the Application for Asylum and for Withholding of Removal to U.S. Citizenship and Immigration Services if you are making an affirmative asylum claim.
- If you are in deportation proceedings, you must file this form with immigration court first.
- Biometrics appointment: Attend a fingerprinting and background check appointment.
- Asylum interview: Attend an interview with a USCIS asylum officer to explain your case.
- Decision: If approved, you can stay in the U.S. and eventually apply for a green card. If denied, you may be referred to immigration court for removal proceedings.
You can apply for asylum regardless of your immigration status, but it’s best to consult an immigration attorney for help with your application.
Also Read: Credible Fear Interview: A Critical Step in the Asylum Process
If you live in New York, you will file your application with the USCIS California Service Center.
U.S. Postal Service (USPS):
California Service Center
P.O. Box 10881
Laguna Niguel, CA 92607-0881
FedEx, UPS, or DHL:
USCIS California Service Center
Attn: I-589
24000 Avila Rd. 2nd Floor, Room 2312,
Laguna Niguel, CA 92677
Can I apply for for asylum if I’ve been in the U.S. for more than 1 year?
Yes, but you must prove that you qualify for an exception to the one-year rule. Exceptions include:
- Changed circumstances in your home country, such as new threats or persecution
- Extraordinary circumstances that prevented you from applying on time, such as serious illness, legal disability, or ineffective assistance of counsel.
If you don’t qualify for an exception, you may still be eligible for other forms of relief, such as Withholding of Removal or Protection Under the Convention Against Torture (CAT).
Can I work while my asylum application is pending?
Yes, but you must wait 150 days after filing your asylum application before applying for a work permit (Employment Authorization Document or EAD). An EAD legally qualifies an asylum seeker to work in the U.S. while their asylum case is pending.
What are my options if my asylum application is denied?
If your asylum application is denied, you may:
- Appeal the decision to the Board of Immigration Appeals (BIA).
- Request a review by an immigration judge if your case is referred to immigration court.
- Explore other forms of relief, such as Withholding of Removal or CAT protection, which have different eligibility requirements.
If no relief is granted, you may be placed in removal proceedings and face deportation.
