Asylum in the United States: procedure and rights

You may only file Form I-589 if you are physically present in the United States and not a US citizen. Affirmative asylum is filed with USCIS by people who are not in removal proceedings; defensive asylum is raised before an immigration judge of the Executive Office for Immigration Review. People in expedited removal at the border who express fear first get a credible fear interview. There is no US visa for travelling to seek asylum, and embassies do not accept asylum claims.

The I-589 has no filing fee, but the HR-1 law of 2025 added a $100 fee due at filing for the principal applicant and an annual asylum fee ($105 when paid online) while the case is pending; these cannot be waived. An initial asylum-based work permit carries a $570 HR-1 fee and renewals $275 plus the filing fee, under the 16 October 2026 schedule. Members of the Ms. L. settlement class are exempt under a court order.

File Form I-589 within 1 year of your last arrival unless changed or extraordinary circumstances apply, and include a spouse and unmarried children under 21 who are in the US. Some affirmative applicants can file online. Since 21 August 2026 USCIS requires all evidence 14 calendar days before the interview, reschedules interviews only for exceptional circumstances, and may dismiss applications of people who miss interviews or biometrics without a timely reschedule request. Certain people who entered across the southwest land border face a presumption of ineligibility under the Circumvention of Lawful Pathways rule.

You may file Form I-765 for a work permit 150 days after filing the asylum application and receive it once the case has been pending 180 days; delays you cause, such as rescheduling or late evidence, stop this clock. If asylum is granted you may work immediately, can petition for a spouse and children abroad with Form I-730 within 2 years, and can apply for a green card after 1 year.

If USCIS does not grant an affirmative application and you lack other status, the case is referred to an immigration judge, where it is heard again. Immigration judge decisions can be appealed to the Board of Immigration Appeals and then to the federal courts. If you have a lawful status, USCIS may deny or dismiss the application instead.

People outside the United States cannot apply for asylum but may be referred for refugee resettlement through USRAP, usually by UNHCR or a US embassy. The Presidential Determination for fiscal year 2027 allows up to 17,500 refugee admissions, allocated primarily to Afrikaners from South Africa, so resettlement opportunities for other nationalities are very limited.