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Asylum Guide

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Caution!

U.S. immigration laws continue to change rapidly in 2026. Before making any decisions, consult an immigration attorney. American Immigration Lawyers Association Find an Immigration Lawyer.

Guide Overview

For general information about asylum, read the information in this guide. If you have a specific question, see Common questions about asylum below.

  • If you want to file for asylum, consult the instructions and forms available from U.S. Citizenship and Immigration Services (USCIS). Follow the instructions carefully when preparing the forms you need.
  • Information about immigration courts can help you identify the court handling your case.
  • You are strongly encouraged to consult a qualified immigration lawyer about any immigration matter. See the TexasLawHelp Legal Help Directory for assistance.

Nothing in this guide should be considered legal advice. It is solely for informational purposes. It does not substitute for consultation with a qualified immigration attorney. Nothing in this guide creates or implies an attorney-client relationship.

Research Tips

Immigration law is very complicated. You are encouraged to consult an immigration attorney if you have questions or concerns.

When researching asylum law, start with the law itself and then look at interpretations of the law by the Board of Immigration Appeals and federal courts.

It is also important to understand how USCIS interprets the law and its regulations. Secondary sources may provide a useful starting point. One such resource is the American Immigration Lawyers Association's Asylum Primer, 8th edition, by Dree Collopy.

Other secondary sources available online include:

The following resources contain additional information about asylum law and procedure:

Common questions about asylum

Am I eligible for asylum?

There are two requirements:

  1. Meet the definition of a "refugee" under Immigration and Nationality Act section 101(a)(42).
  2. Merit a favorable exercise of discretion.

A refugee is someone who is unable or unwilling to return to, and unable or unwilling to seek the protection of, their country of nationality—or, if stateless, their country of last habitual residence—because of persecution or a well-founded fear of persecution on account of:

  • race;
  • religion;
  • nationality;
  • membership in a particular social group; or
  • political opinion.

How do I know if I meet the definition of a refugee?

An asylum claim may involve:

  1. Past persecution: Persecution has already happened to you.
  2. Well-founded fear: You fear persecution is likely to happen in the future.

There must also be a connection, sometimes called a nexus, between the past persecution or feared persecution and one of the five protected grounds:

  • race;
  • religion;
  • nationality;
  • membership in a particular social group; or
  • political opinion.

What could bar someone from asylum?

A person may be barred from asylum in certain circumstances, including if the person:

  • persecuted others;
  • was convicted of certain serious crimes;
  • committed certain serious crimes outside the United States;
  • poses a danger to the security of the United States; or
  • was firmly resettled in another country.

See INA 208(b)(2).

There is also a one-year filing deadline. In general, you must file your asylum application within one year after your most recent arrival in the United States. Exceptions may apply, but an application must still be filed within a reasonable period under the circumstances.

See 8 CFR 208.4.

Even if you otherwise qualify for asylum, asylum is discretionary. This means that you may still be denied asylum if you do not merit a favorable exercise of discretion.

I am afraid I might not meet all of the qualifications but don't want to leave the United States. Should I lie on my application?

No. Knowingly filing a frivolous asylum application can have extremely serious immigration consequences.

See 8 CFR 208.20.

What happens if I am granted asylum?

If you are granted asylum, you become an asylee. An asylee may:

  • be authorized to work;
  • qualify for certain public benefits;
  • travel using a refugee travel document;
  • petition for certain qualifying family members; and
  • apply for lawful permanent resident status if eligible.

See USCIS — Asylum.

If I am granted asylum, can I lose it?

Yes. Asylum may be terminated under certain circumstances. For example, issues may arise if you return to the country from which you sought protection, commit certain crimes, or obtained asylum through fraud.

See 8 CFR 208.24.

What about my spouse and children?

  • You must list your spouse and all of your children on your asylum application, regardless of their age, marital status, whether they are in the United States, or whether they are included in your application.
  • You may be able to include your spouse and unmarried children under age 21 in your asylum case if they are in the United States and otherwise qualify.
  • If qualifying family members are outside the United States and you are granted asylum, you may be able to petition for them using Form I-730, Refugee/Asylee Relative Petition.
  • Children who cannot qualify as derivatives may need to file their own asylum applications using Form I-589, Application for Asylum and for Withholding of Removal.

What happens if my child turns 21 after I have filed my asylum application?

The Child Status Protection Act may allow a child who turns 21 after the asylum application is filed to continue to qualify as a derivative child while the application is pending.

How can I find out the status of my asylum application?

USCIS provides information about checking the status of immigration cases online.

See USCIS Case Status Online.

You may also contact the asylum office with jurisdiction over your case when appropriate.

Can I apply for asylum if I am in the United States illegally?

Yes. A person may apply for asylum regardless of immigration status, although other eligibility requirements and bars may apply.

If I am a minor, can I still apply for asylum?

Yes. See USCIS — Minor Children Applying for Asylum By Themselves.

Can I apply for asylum even if I was convicted of a crime?

You may be able to apply. However, certain criminal convictions or conduct can prevent a person from being granted asylum.

See INA 208(b).

Which immigration courts in Texas could I be in?

Immigration courts are administered by the Executive Office for Immigration Review (EOIR). Court locations, addresses, telephone numbers, and operating information can change.

For current information, use the EOIR Immigration Court Listing.

To obtain information about an immigration court case, use the EOIR Automated Case Information system or call the EOIR Automated Case Information Hotline at 800-898-7180.

Where can I find the law on asylum?

The legal provisions governing asylum are found primarily in the Immigration and Nationality Act. Consult a qualified immigration attorney before applying.

Federal regulations contain additional eligibility requirements and procedures governing asylum applications.


Affirmative Asylum

You will need to complete Form I-589, Application for Asylum and for Withholding of Removal.

There is no fee for applying for asylum.

Checklist steps

Step one: Arrive in the United States

To apply for asylum in the United States, you must be physically present in the United States or seeking entry into the United States at a port of entry.

Step two: Apply for asylum

To apply for asylum, file Form I-589, Application for Asylum and for Withholding of Removal with U.S. Citizenship and Immigration Services (USCIS) within one year of your last arrival in the United States, unless an exception applies.

Do not submit a fingerprint card or fingerprint fee with your application.

Once USCIS receives your completed application, you will receive two notices:

  1. An acknowledgment that USCIS received your application.
  2. A notice to visit an Application Support Center (ASC) for fingerprinting.

Step three: Fingerprinting and background and security checks

You will receive an Application Support Center (ASC) Appointment Notice. Read the notice and bring it with you to your fingerprinting appointment at the ASC.

You do not need to pay a fingerprinting fee as an asylum applicant.

If you are also requesting asylum status for your spouse or children and they are with you in the United States, they will need to go with you to your ASC appointment.

Step four: Receive an interview notice

You will be scheduled for an interview with an asylum officer at an asylum office or USCIS field office.

Your interview notice will tell you the date, location, and time of your asylum interview.

The length of the process is unpredictable because of the number of asylum applications.

Step five: Attend the interview

You may bring an attorney or accredited representative to the interview. You must also bring your spouse and any children who are seeking derivative asylum benefits.

If you need an interpreter, you must bring one. You may also bring witnesses to testify on your behalf.

The interview will generally last about an hour, but the length may vary depending on the case.

For more information, see Preparing for Your Asylum Interview.

Step six: The asylum officer makes a decision about eligibility

An asylum officer will determine whether you:

  1. are eligible to apply for asylum;
  2. meet the definition of a refugee under section 101(a)(42)(A) of the Immigration and Nationality Act (INA); and
  3. are barred from being granted asylum under section 208(b)(2) of the INA.

A supervisory asylum officer reviews the asylum officer's decision to make sure it is consistent with the law.

Step seven: Receive the decision

In most cases, you will return to the asylum office to pick up the decision after the asylum officer interviews you.

Processing may take longer if you:

  • are currently in valid immigration status;
  • were interviewed at a USCIS field office;
  • have pending security checks; or
  • have a case being reviewed by Asylum Division staff at USCIS headquarters.

In these situations, USCIS may mail the decision to you.

Defensive asylum

A defensive application for asylum is a request for asylum as a defense against removal from the United States.

Checklist steps

Step one: Be in removal proceedings

To apply for asylum defensively, you must be in removal proceedings in immigration court.

Step two: File the asylum application

If USCIS referred your case to immigration court after you filed an asylum application, that application will generally carry over to the immigration court proceedings.

If you have not already filed an asylum application, you will submit your application in connection with your immigration court proceedings.

For more information, see USCIS — Obtaining Asylum in the United States.

Step three: The immigration judge hears the case

An immigration judge will hear your case in an adversarial, or court-like, proceeding.

The immigration judge will hear arguments from both parties:

  1. You and your attorney or representative, if you have one.
  2. The U.S. government, represented by an attorney from U.S. Immigration and Customs Enforcement (ICE).

The immigration court will provide a qualified interpreter for the asylum hearing and other court proceedings when required.

Step four: The immigration judge makes a decision

The immigration judge will decide whether you are eligible for asylum.

If the immigration judge finds that you are eligible, the judge may grant asylum.

If the immigration judge does not grant asylum, the judge will determine whether you qualify for another form of relief or protection from removal. If you do not qualify for another form of relief or protection, the immigration judge may order you removed from the United States.

Either party may appeal the immigration judge's decision.

For more information, see USCIS — Obtaining Asylum in the United States.

Common mistakes in applying for asylum

Checklist steps

1. Failing to provide enough evidence or providing inconsistent evidence

Your asylum application should include supporting evidence when it is available. You may need evidence to corroborate your story or an explanation of why supporting evidence is unavailable.

Simply filing an asylum application does not mean it will be granted. Providing relevant supporting evidence can help support your claim.

2. Missing deadlines or arriving late

Be on time for court hearings and interviews.

Make sure you:

  • file supporting evidence by the required deadline;
  • identify witnesses and experts within the applicable time limits;
  • file your asylum application and any motions with the immigration court on time; and
  • file your asylum application within the one-year deadline, unless an exception applies.

3. Being unprepared

It is important to prepare carefully for immigration interviews and court hearings.

You may be asked about information in past immigration applications, previous arrests, criminal history, and other matters related to your past or current circumstances.

Review your case and documents before your interview or hearing so that you are prepared to answer questions accurately. Being unprepared can create problems with your asylum application or immigration case.

Immigration and asylum law can be complicated and involves many rules and deadlines.

If possible, consult a qualified immigration attorney or accredited representative. A legal professional can help you understand deadlines, gather supporting evidence, prepare for interviews and hearings, and understand your legal options.

Filling out USCIS Form I-589

USCIS Form I-589, Application for Asylum and for Withholding of Removal is used to apply for asylum in the United States. The same form can be used in immigration court to apply for withholding of removal. It may also be used to apply for protection under the Convention Against Torture (CAT) in immigration court.

Checklist steps

How do I get USCIS Form I-589?

Online: You can get Form I-589 from U.S. Citizenship and Immigration Services (USCIS).

In detention: Asylum seekers in detention centers and jails may be able to obtain the form through the facility or immigration authorities.

In immigration court: If you are in removal proceedings, information about filing Form I-589 is available from the immigration court handling your case.

You can also find current information about Form I-589, including the form and filing instructions, on the USCIS Form I-589 webpage.

In general

Answer all questions on Form I-589 as instructed. Your answers should be complete, accurate, and consistent. An incomplete, inaccurate, or inconsistent application may cause problems with your case.

If a question does not apply to you, follow the form instructions about how to answer it. Do not leave questions blank unless the instructions tell you to do so.

Carefully read the Instructions for Form I-589 before completing your application. Refer to the instructions as often as needed while filling out the form.

Part A

Part A asks for personal information, including:

  • your basic information, such as your name, A-Number, and address;
  • information about your spouse and children; and
  • background information.

If you need more space to provide information, follow the Form I-589 instructions for providing additional information.

If you are including family members in your application, carefully review the current Form I-589 instructions for information about the documents you must submit for each family member.

Part B

Part B asks for information about your application and why you are seeking asylum.

If a question requires an explanation, provide the information requested by the form and its instructions. Use additional pages if necessary and permitted by the instructions.

Some of the reasons you are seeking asylum may be difficult to discuss. It is important to provide complete and accurate information about your claim.

You may also submit a personal declaration in support of your application. If you do, clearly indicate on the form when your answer continues in or refers to your declaration.

Part C

Part C asks for additional information about your application.

Provide explanations for answers when required by the form and its instructions. Use additional pages if necessary and permitted by the instructions.

Form I-589 also asks for information related to the one-year filing deadline. In general, an asylum application must be filed within one year after your most recent arrival in the United States unless an exception applies.

Certain changed circumstances or extraordinary circumstances may provide an exception to the one-year filing deadline. If you are filing more than one year after your arrival, carefully review the Form I-589 instructions and consider getting legal advice about whether an exception applies.

Part D

Part D requires your signature. Read the certification carefully before signing the application.

Your signature certifies that the information in your application is true and correct as provided in the certification.

Part E

If someone helped prepare your Form I-589, that person must provide the information and signature required by the form and its instructions.

Sources

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