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Political Asylum

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    (Affirmative Filing with USCIS or Defensive in removal proceedings)

    Political asylum is a form of protection that allows individuals who fear persecution in their home country to remain in the United States and obtain legal status. To be eligible for political asylum, an individual must demonstrate that they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.

    To apply for political asylum in the United States, an individual must file Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival in the United States. The individual will also need to attend an interview with an asylum officer, during which they will provide information about their fear of persecution and the circumstances that led them to flee their home country.

    If the asylum officer approves the asylum application, the individual will be granted asylum status, which allows them to remain in the United States and work legally. After one year of asylum status, the individual may be eligible to apply for permanent residence (a green card).

    Frequently asked Questions

    • What is Political Asylum?

      Political asylum is a form of protection granted to individuals who have suffered persecution or have a well-founded fear of persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.

    • Who is Eligible for Political Asylum in the USA?

      To be eligible for political asylum, you must demonstrate that you have a credible fear of persecution based on one of the protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.

    • How do I Apply for Political Asylum?

      You can apply for political asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to the U.S. Citizenship and Immigration Services (USCIS) or, if in removal proceedings, to the immigration court.

    • Can I Include My Dependents in My Asylum Application?

      Yes, you can include your spouse and children who are unmarried and under 21 years old in your asylum application, as long as they are physically present in the United States.

    • Can I Apply for Political Asylum at a Port of Entry?

      Yes, you can apply for political asylum at a U.S. port of entry when you arrive in the United States. This is known as an affirmative asylum application.

    • What is Defensive Asylum?

      Defensive asylum is when you request asylum as a defense against removal or deportation in immigration court. This happens if you are already in removal proceedings.

    • What is the Deadline for Filing for Asylum?

      You must file your asylum application within one year of your arrival in the United States, unless you can demonstrate changed circumstances or extraordinary circumstances that prevented you from applying earlier.

    • Can I Work in the United States While My Asylum Case is Pending?

      After 150 days from the date you filed your asylum application, you may be eligible to apply for work authorization. However, this is subject to USCIS processing times.

    • What Happens if My Asylum Application is Approved?

      If your asylum application is approved, you will be granted asylum status, which allows you to live and work in the United States. After one year, you can apply for lawful permanent residency (green card).

    • What Happens if My Asylum Application is Denied?

      If your asylum application is denied, you may be subject to removal from the United States. You have the right to appeal the decision.

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