I-589

Asylum

Asylum protects people who were persecuted, or fear persecution, because of race, religion, nationality, political opinion or membership in a particular social group. A person in the United States can apply with U.S. Citizenship and Immigration Services (USCIS), known as affirmative asylum, or before an immigration judge as a defence to removal, known as defensive asylum. We build the claim around a detailed declaration, country evidence and witness statements, and prepare the client for the interview or hearing.

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Last reviewed September 2026

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An asylee is a person granted asylum. Asylum lets a person live and work in the United States, bring certain family members and later apply for a green card. Two related protections, withholding of removal and protection under the Convention Against Torture (CAT), have stricter standards but no filing deadline.

See the glossary

Who this is for

People in the United States who fear return to their country
Applicants close to the one-year filing deadline
People in removal proceedings before an immigration court
Asylees who want to bring a spouse or children

How we help

Deadline and eligibility review: We check the one-year deadline, its exceptions and the bars that can block asylum.
Declaration and evidence: We help the applicant write a full, consistent account and support it with documents, expert reports and evidence of country conditions.
Interview and court preparation: We prepare the applicant for the asylum office interview or the court hearing, and we attend with them.
Family and next steps: We file Form I-730 for qualifying relatives and, after one year as an asylee, the green card application.

Forms involved

I-589Application for Asylum and for Withholding of Removal
I-765Application for Employment Authorization
I-730Refugee/Asylee Relative Petition
I-485Application to Register Permanent Residence or Adjust Status

Government filing fees are listed on our filing fees page.

Timeline

USCIS reports more than 1.3 million affirmative asylum applications pending, and many applicants wait years for an interview. Applicants may request a work permit 150 days after filing a complete application, and USCIS can grant it once 180 days have passed on the asylum clock.

Document checklist

A starting list. We send a checklist for your case after the consultation.

Passport and other identity documents
Evidence of persecution or threats, such as letters, photographs, medical records and police or court records
Proof of membership in a group, party or religion, where relevant
Statements from witnesses
Evidence of the date of your last arrival in the United States
Certified translations of documents not in English

Questions clients ask

When must I apply?

Generally within one year of your last arrival in the United States. Exceptions exist for changed circumstances that affect eligibility and for extraordinary circumstances that caused the delay, and the application must then be filed within a reasonable time.

What is the difference between affirmative and defensive asylum?

Affirmative asylum is filed with USCIS by a person who is not in removal proceedings. Defensive asylum is requested before an immigration judge of the Executive Office for Immigration Review (EOIR) as a defence against removal.

Can I work while my case is pending?

You can apply for a work permit 150 days after filing a complete application, and it cannot be granted until 180 days have passed on the asylum clock. Delays you cause, such as rescheduling an interview, stop the clock. Since December 2025, these work permits are valid for a shorter period than before.

Are there fees?

Yes. A federal law enacted in July 2025 added a fee for asylum applications, an annual fee while a case is pending and fees for related work permits. We confirm the current amounts before filing.

Can I travel while my case is pending?

Leaving the United States without advance parole generally abandons the application. Returning to the country you fear can undermine the claim, even with permission.

Can my family join me?

A spouse and unmarried children under 21 who are in the United States can be included in the application. Once asylum is granted, an asylee can file Form I-730 for qualifying relatives within two years of the grant.

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