Political asylum is protection given by the United States to people who have fled their own countries because they’re afraid of persecution. This can mean being targeted for your race, religion, nationality, membership in a certain group, or your political opinions. If you can’t safely return to your home country, the U.S. may offer you the right to stay here—and even bring your family.
The process isn’t easy, but it’s possible—and every year, thousands of people are granted asylum in America. Here’s what you need to know if you (or someone you know) needs to apply.
Who Qualifies for Asylum?
To qualify, you must prove:
- You are in the U.S. or arriving at the border.
- You fear persecution in your home country due to your race, religion, nationality, membership in a particular social group, or political opinion.
- Your fear is well-founded (there’s real risk if you go back).
- The government (or forces the government can’t control) are responsible for the harm or threat.
Not sure if you qualify? It’s best to speak to an immigration attorney or legal aid group. Each case is unique!
Step 1: Arrive in the United States
You must be physically present in the U.S. or at a U.S. port of entry (like an airport or border crossing) to apply. You cannot apply from outside the country.
Step 2: Apply Within One Year
In most cases, you must submit your asylum application within one year of arriving in the United States. There are some exceptions for changed circumstances or extraordinary reasons, but applying quickly is safest.
Step 3: Complete Form I-589
- Fill out Form I-589, Application for Asylum and for Withholding of Removal. This is a detailed form about your background, why you fear persecution, and what happened to you.
- There’s no fee to file this form!
- Include evidence if you have it—medical records, police reports, newspaper articles, letters from witnesses, or anything supporting your claim.
- Write your story clearly and honestly. If you need help, legal aid groups can often help you fill out the form for free or low cost.
Step 4: Submit Your Application
You can apply for asylum in two main ways:
-
Affirmative Asylum:
- You are not in removal (deportation) proceedings.
- Mail your completed I-589 form to the address listed on the USCIS website for your region.
- After submission, you’ll get a receipt notice (Form I-797) and instructions for biometrics (fingerprints).
-
Defensive Asylum:
- You are in removal proceedings (immigration court).
- File the I-589 with the court and explain your fear of returning home during your hearings.
Important: Never submit false information. Honesty is critical, and any dishonesty can lead to denial or removal.
Step 5: Biometrics (Fingerprinting)
After USCIS gets your application, you’ll be scheduled for fingerprinting and background checks. Follow all instructions and bring ID (passport or any official documents you have).
Step 6: The Asylum Interview or Court Hearing
- Affirmative Process: You’ll be called for an interview at a USCIS asylum office. Bring all evidence and an interpreter if needed. Be prepared to tell your story in detail.
- Defensive Process: You’ll present your case in front of an immigration judge. You can have a lawyer with you, and interpreters are provided if needed.
Step 7: Waiting for a Decision
After your interview or court hearing, you’ll receive a decision by mail (or in court). This can take weeks, months, or sometimes years, depending on the case and the backlog.
If You Are Granted Asylum
- You can stay in the U.S. legally and work (apply for a work permit if you haven’t already).
- You may apply to bring your spouse and children (under 21) to the U.S. within two years.
- After one year as an asylee, you can apply for a green card (permanent residency).
If Your Application Is Denied
If you applied “affirmatively” (not in court) and are denied, you are usually referred to immigration court, where you can present your case again. If denied in court, you may appeal or seek other forms of relief.
Don’t give up—many people win on appeal, especially with the help of a good lawyer.
Helpful Resources
- USCIS Asylum Information
- American Immigration Lawyers Association (Find a Lawyer)
- Free and Low-Cost Legal Aid Directory
- Local immigrant rights groups and legal clinics (search in your area)
FAQs for Asylum Seekers
- Can I apply for asylum if I’m undocumented? Yes, as long as you’re in the U.S. or at the border.
- Do I need a lawyer? It’s not required, but highly recommended. Many groups offer free or low-cost help.
- Can I work while my case is pending? You can apply for a work permit (Form I-765) after 150 days, if your case is still pending and you did not cause any delays.
- Is there a fee to apply? No, applying for asylum is free.
- Can I include my family? Yes, spouse and children under 21 can be included on your application or brought later.
Final Thoughts: Take Action, Get Help
Applying for asylum in the USA is challenging, but help is out there. Don’t be afraid to reach out to legal aid, trusted organizations, or community groups. The process takes time, but many people find safety and a new life through asylum.
You’re not alone—millions have walked this path before you, and your courage matters. Wishing you hope and strength for your journey ahead.