I want to file for asylum.

```mediawiki I want to file for asylum

This guide explains how to file an asylum application with U.S. Citizenship and Immigration Services (USCIS).

Last Updated: April 1, 2022

Guide Overview

Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.

This guide will assist you in filing a pro se asylum application. For more information about asylum requirements, consider speaking with an immigration lawyer.

Note: These instructions assume that you are not in removal proceedings. If you are in removal proceedings, consult with an immigration attorney because additional steps may apply.

Common Questions About Filing for Asylum

Am I eligible to file for asylum?

The basic requirements to file for asylum include:

1. You must be in the United States and generally must have arrived less than one year ago unless an exception applies. If more than one year has passed, consult with an immigration attorney about whether an exception might apply.
2. You have been persecuted in your native country or have a well-founded fear of future persecution.
3. The persecution was based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
4. The persecution was committed by the government or by a person or group that the government is unable or unwilling to control.
5. You are not barred from seeking asylum.

What are some of the bars to asylum?

You may be barred from filing for or being granted asylum if you previously applied for asylum and your application was denied, more than one year has passed since your last arrival in the United States, you participated in or were convicted of certain criminal activities, you were involved in the persecution of others, you were firmly resettled in another country before arriving in the United States, or security-related grounds apply.

The original guide also states that a person may be barred from asylum based on certain entries at the southern border. Because immigration law and asylum procedures can change, check current law and USCIS guidance before relying on this information.

Which application do I need to file for asylum?

USCIS Form I-589, Application for Asylum and for Withholding of Removal is used to apply for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

Where do I file my application for asylum?

Where and how you file Form I-589 depends on your circumstances. See the current USCIS Form I-589 page and follow the instructions under "Where to File."

How much will it cost for me to apply for asylum?

Filing fees and USCIS procedures can change. Check the current USCIS Form I-589 page for filing fee information before filing.

How long before I can start working after I file for asylum?

Rules about employment authorization for asylum applicants can change. See the current USCIS Form I-765, Application for Employment Authorization information for eligibility requirements and waiting periods.

Can I travel after I've applied for asylum?

Generally, you should not leave the United States while your asylum application is pending without first determining whether you need advance parole.

Leaving the United States without required authorization may cause USCIS to consider your asylum application abandoned. Returning to the country from which you are seeking asylum may also have serious consequences for your asylum claim.

Consult an immigration lawyer and review current USCIS requirements before traveling.

Do I need a lawyer to help me with my asylum application?

You do not have to have a lawyer to apply for asylum. However, asylum cases can be complicated, and your ability to stay in the United States may be at risk.

It is a good idea to talk with an immigration lawyer about your particular situation. An immigration lawyer can explain your rights and options.

Instructions and forms for asylum, including a spouse and children in the U.S.

Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.

Use these instructions to apply for asylum for yourself. You may also use these instructions if you want to include your spouse or children who are currently in the United States.

Use these instructions if:

• You are applying for asylum for yourself; and
• You are not currently in immigration custody or removal proceedings.

Step 1: Determine the date of your last arrival

Generally, you must apply for asylum within one year of your last arrival in the United States. Exceptions to the one-year deadline may apply.

Even if you are not eligible for asylum, you may be eligible for withholding of removal or protection under the Convention Against Torture.

Because these rules can be complicated, consider speaking with an immigration lawyer if more than one year has passed since your last arrival.

Step 2: Fill out Form I-589, Application for Asylum and for Withholding of Removal

You can find the current form and instructions at USCIS Form I-589.

When completing the form:

• Fill out the form completely and answer every question honestly. Do not guess. Incorrect information could create serious problems with your application.
• If you do not know an answer, follow the current Form I-589 instructions for how to respond.
• Give detailed answers to questions about your asylum claim. If you need more space, follow the current Form I-589 instructions for adding information.
• If you want to include your spouse or children who are currently in the United States, carefully follow the current Form I-589 instructions.
• Complete all required signatures and sections.
• Follow the current version of the form rather than relying on section or question numbers in older instructions.

Gather supporting evidence

Include supporting evidence that is reasonably available. If a document is not in English, USCIS generally requires a complete English translation with the required certification.

Depending on your circumstances, supporting documents may include:

• Documents proving your relationship to family members included in your application, such as birth certificates or marriage certificates.
• Passports and other travel documents for you and family members included in the application.
• Evidence about conditions in the country from which you are seeking asylum.
• Newspaper articles.
• Witness statements.
• Medical records.
• Police records.
• Photographs.
• Your personal written declaration.
• Other evidence supporting your fear of returning to your country.

You may also want to include a cover letter.

Personal written declaration

A personal declaration gives you an opportunity to tell your story in detail. Consider explaining:

• Who you are.
• Why you are seeking asylum.
• Why you left your country.
• Whom you fear.
• Why you fear that person, group, or government.
• What you believe will happen if you return.
• How the people you fear would know that you returned.

Your declaration should be organized, easy to follow, truthful, and consistent with other statements you have made.

Step 3: Assemble your application for asylum

Follow the current USCIS Form I-589 instructions when assembling your filing.

The original guide suggested organizing the application in this general order:

1. Cover letter.
2. Form I-589.
3. Identification documents.
4. Personal written declaration.
5. Supporting documents and evidence.

Step 4: File your signed application for asylum

Before filing:

• Make sure your application is complete.
• Make sure all required signatures are included.
• Keep a complete copy of everything you submit.

USCIS filing methods and filing locations can change. Use the current Form I-589 filing instructions to determine where and how to file your application.

Step 5: Complete biometrics if required

USCIS may send you a notice requiring you to attend a biometrics appointment. Follow the instructions in any notice USCIS sends you.

Step 6: Attend your asylum interview

If USCIS schedules you for an asylum interview, it will send you a notice with information about when and where to appear.

An asylum officer will ask questions about your application, including why you are seeking asylum and whether any bars to asylum apply.

Answer questions honestly and as completely as possible.

Follow the instructions in your interview notice about what to bring. Documents may include:

• Identification, such as your passport or other travel or identification documents.
• Originals of important documents submitted with your application.
• A copy of your asylum application and supporting documents.
• Identification for a spouse or children included in your application.
• Required translations of documents that are not in English.

Check current USCIS rules about interpreters before your interview.

You have the right to have an attorney or accredited representative with you, but the government generally will not provide one for you. An attorney or accredited representative ordinarily must submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

Step 7: Apply for employment authorization

You generally cannot request employment authorization based on a pending asylum application immediately after filing Form I-589.

Eligibility requirements and waiting periods have changed over time. For current information, see Form I-765, Application for Employment Authorization and USCIS guidance for asylum applicants.

If asylum is granted, different employment authorization rules apply.

Step 8: After your application for asylum is granted

If asylum is granted, you may receive important immigration benefits, including:

• Permission to remain in the United States as an asylee.
• Authorization to work in the United States.
• The ability to seek lawful permanent resident status if you meet the applicable requirements.
• The possibility of later applying for U.S. citizenship if you become a lawful permanent resident and meet the naturalization requirements.

See current USCIS information for the requirements and timing of these benefits.

Things to consider

Never submit false or fraudulent documents. Documents submitted with your application may be used to determine whether you qualify for asylum. False information or fraudulent documents can have serious immigration consequences.

Personally review your application and supporting documents before filing them. Keep your original documents because USCIS may ask to see them.

Documents written in a language other than English generally must be accompanied by a complete English translation and the required translator certification.

If USCIS does not grant your asylum application, what happens next may depend on your immigration status and circumstances. Some applicants may be referred to immigration court.

Do not travel outside the United States while an asylum application is pending without first determining the immigration consequences and whether advance parole is required.

Even after asylum is granted, certain conduct, including some criminal activity, may affect asylum status.

Instructions and forms for an asylum petition for a spouse and children outside the U.S.

Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.

These instructions concern petitioning for qualifying family members who are outside the United States after you have been granted asylum.

The original guide states that these instructions apply if:

• You were the principal asylum applicant for your family.
• Your asylum application was approved no more than two years ago, subject to applicable exceptions.
• You are seeking derivative asylum status for a qualifying spouse or unmarried child.

Check current USCIS requirements before filing.

Step 1: Fill out Form I-730, Refugee/Asylee Relative Petition

Get the current form and instructions from USCIS Form I-730, Refugee/Asylee Relative Petition.

Generally, you must complete a separate Form I-730 for each qualifying family member.

Follow the current form instructions carefully. Requirements may differ depending on the family relationship and the beneficiary's circumstances.

Supporting evidence

Depending on the relationship, evidence may include:

• Evidence of your asylee status.
• Required photographs.
• Marriage certificates.
• Birth certificates.
• Evidence that previous marriages legally ended.
• Evidence of legal name changes.
• Adoption decrees.
• Custody orders.
• Evidence establishing a parent-child relationship.
• Secondary evidence when primary records are unavailable.
• Affidavits from people with personal knowledge of relevant events when permitted under the current instructions.

Documents not written in English generally must include a complete English translation with the required certification.

Step 2: File your signed Refugee/Asylee Relative Petition

Before filing:

• Make sure the petition is signed.
• Make a copy for your records.
• Follow the current USCIS filing instructions.

USCIS filing locations and procedures change. See the current Form I-730 page for filing instructions.

Step 3: Complete biometrics if required

USCIS or another government agency may require biometrics and security checks. Follow the instructions provided for the beneficiary.

Step 4: Attend the interview

The beneficiary may be interviewed by an appropriate U.S. government official under the procedures applicable in the country where the beneficiary is located.

Follow the instructions provided by the government concerning the date, time, location, and required documents.

Step 5: After the relative petition is granted

Approval of Form I-730 may allow a qualifying relative to obtain derivative asylum status and travel to the United States after completing required processing.

Approval of the petition does not necessarily mean that the beneficiary can immediately travel to the United States. Additional government processing may be required.

After arriving in the United States, different rules may apply concerning employment authorization and other immigration benefits.

Instructions for pending asylum employment authorization

Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.

These instructions concern applying for employment authorization based on a pending asylum application.

Rules governing asylum-based employment authorization, including waiting periods, eligibility, fees, filing locations, and required evidence, have changed over time.

For current requirements, use the USCIS Form I-765 page and its current instructions.

Step 1: Determine when you may apply

Use your USCIS receipt notice to determine when USCIS received your asylum application.

The amount of time that must pass before you can file Form I-765 and the rules concerning applicant-caused delays are governed by current law and USCIS policy.

Do not rely on the waiting periods stated in older versions of this guide without checking current USCIS instructions.

Step 2: Fill out Form I-765, Application for Employment Authorization

Get the current form and instructions from USCIS Form I-765.

Applicants seeking employment authorization based on a pending asylum application should follow the current instructions for the applicable eligibility category.

Make sure that:

• The form is complete.
• Your answers are truthful.
• You use the eligibility category required by the current instructions.
• The application is signed.

Gather required documents

Check the current Form I-765 instructions for the evidence you must submit.

Depending on your circumstances, evidence may include:

• Form I-94, Arrival/Departure Record, if applicable.
• A previously issued Employment Authorization Document, if applicable.
• Government-issued identification.
• Required photographs.
• Evidence that Form I-589 was filed.

Step 3: File your signed application for employment authorization

USCIS filing addresses, online filing options, and fees can change.

Do not rely on an older mailing address or filing fee. Use the current USCIS Form I-765 page to determine:

• Where and how to file.
• Whether online filing is available.
• The current filing fee, if any.
• What supporting documents are required.

Remember: Sign your application. USCIS may reject an unsigned application.

Sources

• I Want to File for Asylum, TexasLawHelp.org, archived by the Internet Archive's Wayback Machine. Original guide last updated April 1, 2022.
• USCIS — Form I-589, Application for Asylum and for Withholding of Removal
• USCIS — Form I-730, Refugee/Asylee Relative Petition
• USCIS — Form I-765, Application for Employment Authorization
• USCIS — Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

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