Asylum in the United States: a step-by-step guide to applying (Form I-589, deadlines and the work permit)

Asylum is a form of protection the United States offers to people who are already in the country and fear persecution if they return to their own, based on race, religion, nationality, political opinion, or membership in a particular social group. You may apply no matter how you arrived or what your current immigration status is, as long as you are physically present in the United States. This guide walks through the process step by step, using official USCIS information.

Step 1: Mind the one-year deadline

As a general rule, you must file your application within one year of your last arrival in the United States. If you miss that deadline, you may still qualify if you show changed circumstances that materially affect your eligibility —for example, worsening conditions in your country or a change in your personal situation— or extraordinary circumstances that explain the delay, and that you filed within a reasonable period after those circumstances. Do not wait until the last month: the sooner you prepare your case, the better.

Step 2: Know your path: affirmative or defensive asylum

There are two tracks. Affirmative asylum is for people who are not in removal proceedings: they file their application directly with USCIS and attend an interview with an asylum officer. Defensive asylum is for people already in proceedings before an immigration judge at the Executive Office for Immigration Review (EOIR): there, asylum is requested as a defense against removal, in hearings before the judge with a government attorney arguing the other side. If you do not know whether you are in court proceedings, the USCIS Form I-589 page explains how to check with your A-Number on the EOIR automated hotline (800-898-7180). Filing the form with the wrong office can get it rejected.

Step 3: Complete and file Form I-589

The official form is Form I-589, Application for Asylum and for Withholding of Removal, available free at uscis.gov. It must be completed in English and signed: USCIS rejects forms that are unsigned or that lack the explanation of why you are applying for asylum. On the same application you may include your spouse and your unmarried children under 21 who are with you in the United States. Watch the cost, because it changed: since July 22, 2025, a federal law (H.R. 1) created a $100 filing fee for Form I-589 that cannot be waived, and applications sent without the correct payment are rejected. In addition, if you filed after October 1, 2024, and your case is still pending at the one-year mark, you must pay an annual fee for each year it remains pending; USCIS will send you a personal notice stating the current amount —which is adjusted every year—, when it is due, and how to pay it. Before sending any payment, confirm the amounts on the official USCIS fee schedule.

Step 4: Biometrics and the interview

After you file, USCIS will send you a receipt notice and an appointment to have your fingerprints and photograph taken (biometrics) at an Application Support Center. In the affirmative process, you will then be scheduled for the interview with an asylum officer: a detailed conversation —not a trial— about what happened to you and what you fear if you return. If you do not speak English, you usually must bring your own qualified interpreter. Support your story with documents: identification, police or medical reports, news articles, and written declarations, all with certified English translations if they are in another language.

Step 5: The work permit (Form I-765)

With a pending asylum case you may request an employment authorization document (EAD) using Form I-765, under category (c)(8), but there is a legal clock you need to understand: you may file the I-765 once your complete asylum application has been pending for 150 days, and USCIS cannot approve it until 180 days have passed. Delays that you cause —asking to reschedule an appointment, failing to appear for biometrics or the interview— stop the clock and lengthen the wait, so keep every appointment. The first work permit based on a pending asylum case also now carries a fee set by law, adjusted every year: check the current amount at uscis.gov before filing, because an incorrect payment means rejection.

What happens if you are not approved?

If the asylum office does not approve your affirmative case, that is not necessarily the end. If you have no other legal status, USCIS will issue a Notice to Appear (Form I-862) and refer your case to an immigration judge, who will hear it anew, from the beginning, in the defensive process. In court, the judge also considers withholding of removal and protection under the Convention Against Torture, which are requested on the same Form I-589. If the judge rules against you and you qualify for no other protection, the judge will order your removal; either you or the government may appeal the decision to the Board of Immigration Appeals (BIA). If asylum is granted, you may live and work legally in the country, pursue reunification with your spouse and children who remained abroad, and, once one year has passed since the grant, apply for lawful permanent residence.

Before you start: get qualified help

This guide is general information and is not legal advice. Asylum is one of the most delicate processes in the immigration system, and a deadline or form mistake can cost you the case. Consult an immigration attorney or an organization whose representatives are accredited by the Department of Justice; many offer free or low-cost guidance. Be wary of anyone who promises a guaranteed outcome or charges you for forms that are free at uscis.gov.

Photo: Archivo A Lo Claro

Source: USCIS (uscis.gov), the Form I-589 page and the page on obtaining asylum in the United States, consulted in October 2026.