How to Seek Asylum in America, Step by Step
Asylum in the United States is a complicated subject with many details, and the same question comes up again and again: how do you apply, and how do you get it?
This article tries to answer the main questions about seeking asylum in America, which is genuinely one of the easier routes to residency there. The answers draw on the explanations published by USCIS, the U.S. Citizenship and Immigration Services, the agency that receives, reviews, approves and denies asylum applications.
What is asylum?
Asylum is a request for protection, and for protection from being sent back to a country, because of persecution there or a fear of persecution in the future.
What grounds does U.S. law recognize?
You must have suffered persecution in the past, or have a well-founded fear of it now or in the future, on account of one of five things: (1) race, (2) nationality, (3) religion, (4) membership in a particular social group, or (5) political opinion.
Who can apply for asylum inside the United States?
You must be a non-citizen who has already arrived in the United States or is at its border, for example at a U.S. port or other point of entry.
Can you apply from outside the country?
Usually, no. Some people assume they can apply at a U.S. embassy abroad. In practice that is possible only in very narrow, exceptional cases. There is another route: the UN refugee agency (UNHCR) can submit a case for resettlement in the United States for certain refugees. That process is run entirely by UNHCR, and the U.S. government becomes involved only at the final stages, mainly for security screening.
When can you apply, and is there a deadline?
Yes, there is a deadline. In general you must apply within one year of arriving in the United States. Exceptions exist, for example if conditions in your home country changed in a way that made you reconsider, or if something exceptional happened to you inside the United States that led to your decision to seek asylum.
Can someone who is in the country unlawfully (a visa overstay) apply?
A frequently asked question. The answer is yes: anyone who meets the conditions above may apply, even if they are in the United States unlawfully.
Can I apply if I have a criminal conviction?
In principle, yes. The real question is whether you will be approved or refused, and that depends on the type of offense. My advice is to be completely honest about it at the interview, and to explain in detail why it happened and what legal consequences followed.
When are you barred from applying?
Five circumstances can bar you:
- You have already applied and a judge denied your case, or you are in removal (deportation) proceedings.
- You hold another nationality and can live in that country without obstacles.
- You have permanent residence in another country and can return to it.
- You have a criminal record tied to terrorist activity, or it is shown that you persecuted others.
- More than a year has passed since you entered the United States and you have no convincing reason for an exception.
How do you apply?
After arriving on U.S. soil, you can apply through a lawyer you appoint to file for you, or you can file yourself on the USCIS website. You download Form I-589 (the asylum application), fill in all your details, and submit it. Once it is submitted, you have applied for asylum.
Are there any fees?
The old statement that there are no government fees is no longer true. Under the 2025 law (H.R. 1): Asylum application fee: $100 (unchanged for fiscal year 2027). Annual Asylum Fee: $102 for each year the application is pending, paid by the main applicant only, and it cannot be waived. It rises to $105 for requests postmarked on or after 16 October 2026. Work permit (Form I-765, asylum category): $560 for the first application, rising to $570 on 16 October 2026; renewals $275. Members of the Ms. L. settlement class (families separated at the border) are exempt from the asylum fees since 5 February 2026, under a court decision the government is contesting. USCIS no longer takes personal checks, money orders or cashier checks on paper filings unless you qualify for an exception. Pay by card (Form G-1450) or bank transfer (Form G-1650). Lawyer fees are extra if you hire one. Fee amounts can change again, so use the USCIS fee calculator before filing.
Can I include my family in the same application?
Yes, as long as your spouse and children are already in the United States, or your children are under 21 and unmarried. If your asylum is approved and your family is outside the United States, you can file a petition to bring your spouse and children to join you.
Will I face security checks and background investigations?
Very important question. Yes. You will go through extensive security checks to confirm that you meet the security requirements and that you qualify for asylum.
When can I legally work after applying?
USCIS says you must wait 150 days after filing before you can apply for a work permit, and USCIS then needs a further 30 days, so 180 days in total counted from filing. Days lost to delays you request or cause do not count. With the permit you can get a Social Security number.
Can I travel abroad after applying?
Yes, but you must first obtain advance permission to travel from USCIS so that you will be allowed back into the country. If you leave without it, that is generally treated as abandoning your asylum claim, so it is always advisable to obtain the permit before you go. Once you have actually been granted asylum, you can apply for a refugee travel document, which makes re-entry simple.
How long until my case is decided?
USCIS uses two interview tracks: one prioritizes recent applications; the other works through the oldest backlog cases. There is no fixed one- or two-month promise, and workload and security checks can lengthen the wait.
Can someone come with me to the interview?
Yes. You may bring anyone to your immigration interview, whether a lawyer or an interpreter if you do not speak English fluently.
How does the officer decide whether I qualify?
The officer decides based on the information and evidence you submit, the conditions in your home country, and the overall picture of your case.
What helps me prove my case?
First, honesty. Try always to be truthful about every detail of your story.
Second, evidence. Do everything you can to provide proof that shows the strength of your position and the credibility of your account.
Third, back your case with evidence about the general situation in your country and about your own circumstances.
Fourth, witnesses. If you can bring witnesses to your story, they will help considerably in establishing your claim.
What if my application is denied?
First, the reasons for the decision will be given, and you will have a chance to rebut it and submit further evidence.
But if you have no other legal status that lets you stay in the United States and you cannot overturn the decision, your case will be referred to immigration court, where removal (deportation) proceedings begin. There is one advantage at that stage: you stand before a judge, not the officer who first decided your case, so you get a fresh chance to explain it. If the judge is persuaded, he or she can grant you asylum and let you stay. If the judge is not persuaded and orders you removed, you can still appeal the decision to an appeals court. If, God forbid, the appeal is also rejected, you will have exhausted every avenue in the U.S. courts and you will be removed from the country.
In closing, I believe this article has answered the common questions about seeking asylum in the United States. I wish everyone the best of luck.
Article originally published on 13 December 2021; updated on 3 October 2026.