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Asylum is a form of protection that allows individuals who meet the definition of a "refugee" to remain in the United States. It is available to people already in the US or at a port of entry, regardless of how they entered. The process is completely free — no filing fee is required.
To qualify, you must demonstrate that you have suffered persecution or have a well-founded fear of persecution on account of one of five protected grounds:
The persecution must be carried out by the government or by groups the government cannot or will not control.
Affirmative Asylum: For individuals not in removal proceedings. File Form I-589 within 1 year of arriving in the US. Cases are heard by an asylum officer. If denied, the case is referred to immigration court.
Defensive Asylum: For individuals in removal (deportation) proceedings. Asylum is raised as a defense before an immigration judge in immigration court.
A critical rule: you must file for asylum within 1 year of your last arrival in the United States, unless you qualify for an exception (changed or extraordinary circumstances).
After your asylum case has been pending for 150 days (180 days before the case reaches certain stages), you may apply for an Employment Authorization Document (EAD). Approved asylees receive work authorization automatically.
Asylees may apply for a green card 1 year after asylum was granted. Refugees are eligible after 1 year of presence in refugee status.
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