You must be in the United States or at a U.S. port of entry to apply for asylum.
You must apply within one year of your last arrival in the United States, unless you can show:
- That something changed in your home country that affects your eligibility, or
- Special circumstances for your late filing that would be considered “extraordinary”.
If you do not meet one of these exceptions, you may still be eligible for withholding of removal, which is a similar type of process to asylum. If you have been paroled into the United States or you have been in another status, this might give you additional time to meet the one year deadline for asylum, but you must file within a reasonable time once this status or circumstance ends.
There are two processes for applying for asylum: the affirmative and defensive processes. For both processes, you must show that you have suffered or fear persecution in your home country because of your:
- race,
- religion,
- nationality,
- membership in a particular social group, or
- political opinion.
You can be granted asylum based solely on what you say about your situation, but any proof that you have to support your story can be helpful. Speak with a lawyer about any false documents you may have. There are serious consequences for false statements or documents, and there are rules that are specific for asylum seekers about untrue statements or fake documents.
Affirmative process - if you are not in Immigration Court already
The affirmative process is available to people who are not currently in removal or deportation proceedings at the Immigration Court.
Steps in the affirmative asylum process:
- File your application (form I-589) with U.S. Citizenship and Immigration Services.
- Be scheduled for an interview with U.S. Citizenship and Immigration Services.
- Receive asylum officer decision.
- If the case is approved, you have asylum status.
- If the case is denied and you do not have any immigration status, you will be referred to the immigration court and placed in removal/deportation proceedings. You will be able to apply for asylum in front of the immigration judge through the defensive process, see below.
Defensive process - if you are already in deportation proceedings in immigration court
The defensive process is for people who are already in immigration court. This includes people who originally applied for asylum through the affirmative process and were denied.
Steps in the defensive asylum process:
- File your application (form I-589) with the immigration judge
- The judge will schedule an individual hearing to decide your case
- If the case is granted, you will have asylum status
- If the case is denied, you will be ordered removed, but you can appeal to the Board of Immigration Appeals
The government is represented by a lawyer from Immigration and Customs Enforcement (ICE) in all removal or deportation proceedings. The lawyer can ask you questions and present evidence against your case.