How to Apply for Asylum

Asylum is granted to individuals who have been persecuted or have a well-founded fear of persecution in their home country on one of five protected grounds.

Grounds for Asylum

• Race — persecution based on racial or ethnic identity
• Religion — persecution for religious beliefs or practices
• Nationality — including membership in an ethnic group
• Political opinion — actual or imputed by authorities
• Membership in a particular social group — LGBTQ+, domestic violence survivors, and others

An application must be filed within 1 year of arriving in the United States, unless extraordinary circumstances apply.

There are two pathways to apply for asylum, and which one applies to your situation determines how your case will be processed.

Affirmative Asylum

Filed voluntarily through USCIS when you are not currently in removal proceedings. You complete Form I-589 and attend an interview at an Asylum Office. This process is generally more applicant-friendly.

Defensive Asylum

Filed as a defense against removal in immigration court. This applies if you have already been issued a Notice to Appear (NTA). The decision is made by an immigration judge.

Key Differences

• Affirmative — interview with a USCIS asylum officer in a less formal setting
• Defensive — full court hearing with a government prosecutor (ICE attorney)

Form I-589 is the central document in your asylum case. The quality of its preparation can significantly affect the outcome.

What to Include

• Personal declaration — a detailed account of the persecution, including dates, names, and locations
• Country conditions — reports on the human rights situation in your home country
• Evidence — photographs, medical records, police reports, news articles
• Witness statements — affidavits from individuals who can corroborate your account

Important: there is no filing fee for Form I-589. Filing is free of charge.

After filing Form I-589, you will be scheduled for an interview at an Asylum Office (for affirmative asylum) or a hearing in immigration court (for defensive asylum).

Preparing for Your Interview

• Review your declaration thoroughly — you should be able to recount your story clearly and consistently
• Gather all original supporting documents
• Bring an interpreter if needed (you may bring your own)
• Attend with an attorney — legal representation significantly improves your chances

Possible Outcomes

• Granted — asylum is approved
• Referred — case is referred to immigration court (for affirmative asylum)
• Denied — application is denied (you may appeal)