Guide to filing a U.S. asylum application using Form I-589, covering the one-year filing deadline, required supporting evidence, interview preparation, work authorization eligibility, and appeal procedures.
Confirm you are physically present in the United States or at a port of entry
Asylum can only be filed from within the U.S. or at a U.S. border/port of entry. There is no way to apply for asylum from outside the country — that process is called refugee resettlement and uses a different application.
File within 1 year of your last arrival to the United States
The 1-year filing deadline is strictly enforced. Exceptions exist for changed circumstances (e.g., new country conditions or changed personal circumstances) or extraordinary circumstances (e.g., serious illness). Document any reasons for late filing.
Identify your basis for asylum: race, religion, nationality, political opinion, or particular social group
You must demonstrate past persecution or a well-founded fear of future persecution based on one of the five protected grounds. Gender-based violence, gang-based claims, and family-based persecution have specific legal standards that vary by jurisdiction.
Determine whether to file affirmatively (with USCIS) or defensively (in immigration court)
Affirmative asylum is filed with USCIS if you are not in removal proceedings. If you are already in removal proceedings before an immigration judge, you file defensively. The I-589 form is the same for both tracks.
Preparing Form I-589
Download and complete Form I-589, Application for Asylum and for Withholding of Removal
The I-589 is a 12-page form available free on uscis.gov. There is no filing fee for asylum applications. Use the most current version of the form — USCIS rejects applications filed on outdated editions.
Complete Part A: personal information and immigration history
Complete Part B: detailed statement of persecution claim
Complete Part C: additional information about spouse and children
Write a detailed personal declaration describing the persecution you experienced or fear
The declaration is the most critical piece of evidence. Include specific dates, names, locations, and sequences of events. Asylum officers and judges expect chronological narratives with consistent details across all documents.
Include all derivative applicants (spouse and unmarried children under 21) on the application
Derivative applicants are listed in Part A.III of the I-589. They receive asylum status if the principal applicant is approved, regardless of whether they have independent claims. Each derivative needs a passport-style photo.
Supporting Evidence
Gather country condition reports and human rights documentation
The U.S. State Department's annual Country Reports on Human Rights Practices are primary evidence. Also use reports from organizations such as Human Rights Watch, Amnesty International, and the UN High Commissioner for Refugees.
Collect personal evidence of persecution or threats
Evidence includes police reports, medical records, threatening letters, photographs of injuries, news articles about incidents, and records of property destruction. Originals are preferred; certified translations are required for non-English documents.
Police reports or complaints filed in home country
Medical or psychological records documenting harm
Photographs, letters, or communications showing threats
Obtain affidavits from witnesses who can corroborate your claim
Witness declarations should be signed and dated, with the witness's full name, relationship to you, and contact information. Witnesses in the U.S. should include a statement of their immigration status and willingness to testify.
Obtain an expert declaration if applicable (country conditions expert or medical/psychological evaluation)
Forensic psychological evaluations documenting PTSD, anxiety, or trauma symptoms can corroborate your testimony. Evaluations typically cost $1,500-$4,000, though some providers offer pro bono services for asylum seekers.
Filing the Application
Mail the completed I-589 and supporting documents to the appropriate USCIS Service Center
Affirmative applications are mailed to the USCIS Service Center designated for your state of residence — check the I-589 instructions for the current address. Send by certified mail with return receipt to prove the filing date.
Receive the receipt notice (Form I-797C) confirming USCIS accepted the filing
Receipt notices arrive within 2-3 weeks by mail. The receipt number starts with 'ZAR' for asylum cases. If you do not receive a receipt within 30 days, call the USCIS Contact Center at 1-800-375-5283.
Attend biometrics appointment at a USCIS Application Support Center
USCIS schedules biometrics (fingerprints and photograph) within 2-4 weeks of filing. The appointment notice specifies the exact date, time, and location. Bring the notice and a valid photo ID to the appointment.
Asylum Interview Preparation
Receive the interview scheduling notice and confirm date and location
Affirmative asylum interviews are conducted at 1 of 8 USCIS Asylum Offices. Scheduling times vary widely — first-in-first-out scheduling was replaced in 2018 with last-in-first-out for recent filings. Some offices schedule interviews within 45 days; others have multi-year backlogs.
Prepare for the non-adversarial interview with the asylum officer
The asylum officer asks questions about your claim, background, and fear of return. Interviews last 1-3 hours. Unlike immigration court hearings, there is no opposing attorney — the officer's role is to gather facts, not to argue against you.
Arrange for an interpreter if you do not speak fluent English
USCIS provides interpreters for asylum interviews at no cost. You may also bring your own interpreter. The interpreter must be fluent in both English and your native language and must be at least 18 years old.
Bring an attorney or accredited representative to the interview if available
You have the right to legal representation at the interview, but the government does not provide a free attorney. Organizations like the American Immigration Lawyers Association maintain directories of pro bono asylum attorneys by region.
Work Authorization and Post-Decision
Apply for an Employment Authorization Document (EAD) 150 days after filing the I-589
The 150-day 'asylum clock' begins on the filing date. File Form I-765 with category code (c)(8) and no filing fee. Processing takes an additional 30-90 days. Any applicant-caused delays stop the clock.
Receive the asylum decision — grant, referral, or denial
If granted, you receive asylum status and can work immediately, apply for a Social Security number, and petition for derivative family members. If referred (affirmative track), the case goes to immigration court for a hearing before a judge.
If denied in immigration court, evaluate appeal options to the Board of Immigration Appeals (BIA)
Appeals to the BIA must be filed within 30 days of the immigration judge's decision using Form EOIR-26. The BIA reviews for legal errors, not factual findings. Further appeals can be filed in the relevant U.S. Circuit Court of Appeals.
After 1 year of asylum status, apply for lawful permanent residency (green card) using Form I-485
Asylees are eligible and required to apply for adjustment of status after 1 year. The filing fee for I-485 is $1,225 for adults (fee waiver available). Processing times for asylee adjustments average 2-4 years as of 2025.
Frequently Asked Questions
What is the deadline to file for asylum in the United States?
You must file Form I-589 within 1 year of your last arrival in the United States. There are limited exceptions to this deadline for changed country conditions or extraordinary circumstances (like serious illness or mental disability) that prevented timely filing. Missing the 1-year deadline is one of the most common reasons asylum claims are denied. Consult an immigration attorney or accredited representative as soon as possible after arriving in the US.
Can I work while my asylum application is pending?
You cannot work immediately upon filing. If USCIS does not make a decision on your asylum application within 180 days (and the delay was not caused by you), you become eligible to apply for an Employment Authorization Document (EAD) using Form I-765. The EAD typically takes 1-3 months to process after the 180-day waiting period. Working without authorization before receiving your EAD can negatively impact your asylum case.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is filed proactively with USCIS before you are in removal (deportation) proceedings. You attend a non-adversarial interview with an asylum officer. Defensive asylum is raised as a defense against removal in immigration court before an immigration judge, often after an affirmative application is referred or if you are apprehended. Defensive asylum proceedings are adversarial, with a government trial attorney arguing against your claim. Both pathways evaluate the same legal standards for asylum eligibility.
Do I need a lawyer for an asylum application?
While legal representation is not legally required, asylum seekers with attorneys are significantly more likely to be granted asylum. Studies show represented applicants succeed in approximately 50% of cases compared to under 20% for unrepresented applicants. Many nonprofit organizations and legal aid societies offer free or low-cost asylum representation. The government does not provide a lawyer in immigration proceedings, unlike criminal court. Contact your local legal aid organization or the American Immigration Lawyers Association (AILA) for referrals.
What qualifies someone for asylum in the US?
To qualify, you must demonstrate that you suffered persecution or have a well-founded fear of future persecution based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. The persecution must be by the government or a group the government cannot or will not control. Economic hardship, general crime victimization, and natural disasters do not qualify. Each case is highly fact-specific, and an experienced asylum attorney can evaluate the strength of your claim.