Asylum Primer

Asylum is sought out by many people who arrive to the United States without a visa, or who are in the United States after being admitted on a nonimmigrant visa, but then after being in the United States for a short period of time, decide to file an application with the USCIS.

Point #1 - You are eligible to file an Application for Asylum with the USCIS or the Immigration Court.  

If you have an active case before an immigration judge, then your application is filed with the court, but otherwise, the application is filed with the USCIS.

The USCIS will eventually interview at one of their Asylum Offices in a non-adversarial interview where the officer will give you a chance to tell your story of persecution and why you have a fear of returning home.  

If your application for asylum is not approved by the USCIS, your application will be referred to the Immigration Court, and you will be issued a Notice to Appear, which begins the immigration court process.  Once in the immigration court, you will have yet another opportunity to seek asylum, but this time before an immigration judge because the judge will hear your application for asylum for the first time.

If your application is filed with an immigration court because you have an active immigration court case, you will find yourself in a traditional court setting with a judge, a prosecuting attorney, and if you hire one, your own attorney who will defend you against removal from the United States.  Immigration Attorneys are not provided for you, like they are in the criminal court context, so you must hire a private attorney on your own.  Otherwise, you will appear pro se before the immigration judge.

Point #2 - No matter who you file your application with, the deadline to file the application is one year from the date of your last entry into the United States.  

If you miss the one year filing deadline, you can ask for an exception, but you have to prove changed circumstances from when you entered the US until now - think political changes in your country that now could cause you to be afraid to return home or a religious conversion after you left your home nation - and the second is exceptional circumstances - think sickness, under 18 years old, or some other exceptional circumstance.

It is not sufficient to claim you were not aware of the one year filing deadline, nor is it sufficient to claim you did not have money to hire an attorney.

Point #3 - To qualify for asylum, an applicant must show that you are a refugee, according to the law.  

A refugee is a person who is unwilling or unable to return to their home country because of past persecution or a well-founded fear of future persecution on account of:

1) race;

2) religion;

3) nationality;

4) membership of a particular social group (PSG), and;

5) political opinion.

The past persecution, or future persecution must have taken place on account of one of these five protected grounds.  That means, the reason for the persecution was because of the protected ground.

Point #4 - You cannot have what the law labels as, “bars,” in your background.  

This means, convicted of a serious crime (think aggravated felony), pose a danger to the United States, previously filed for asylum and were denied, firmly resettled in a third country unless you are claiming asylum from the third country as well, and as mentioned earlier, filed more than one year from your last entry into the United States.

So what do I include in my application?

Along with the asylum application itself, which is filed on Form I-589, downloaded from the USCIS website, you should include your written testimony of how you were persecuted and why you have a fear to return home, expert witness report, corroborating evidence of your persecution, written testimony of people with personal knowledge of your situation, physical evidence, like pictures, and country conditions.  

The country conditions are objective sources that are meant to prove that the situation in your home country is as you claim it is.  Meaning, if you say that you will be persecuted for being a Christian, you will need to find objective sources that corroborate the fact that Christians are persecuted in your home nation.

Having documents to prove your past persecution is incredibly important to the success of your application.  The less evidence you have, it goes without saying, the less chance of approval.  Asylum is very difficult to win, even with evidence, so each applicant must consider the cost and time it will take to receive a decision when there is little evidence to prove your claim.

All documents must be translated into English before being submitted to the USCIS or the Immigration Court.

I heard that asylum takes many years to adjudicate.  Can I work while I wait?

Yes, after filing Form I-589, and having proof of receipt, which is Form I-797 from the USCIS, or a stamped I-589 from the Immigration Court, you start the clock to file an application for employment authorization (aka, a work permit card).  

You must wait until 150 days have passed since you filed your application for asylum before filing Form I-765 with the USCIS.  Form I-765 is the Application for Work Authorization.  One procedural note - if you miss the fingerprint appointment that will be scheduled for you after filing your application for asylum, the work permit clock will be stopped until you provide your fingerprints to the USCIS.

For many years, there was no application fee to file the initial Form I-765, but as of July 22, 2025, the cost is now $550 to file the initial work permit, and a subsequent fee upon renewal.  It is a good idea to check the USCIS website for Form I-765 before filing for the initial or renewal application, because the fees will change each year going forward.  The USCIS has a fee calculator on their website that will easily tell you the cost to file the initial or renewal Form I-765 application.

What happens if I am granted asylum?

If you are granted asylum, you will be given the status of Asylee.  If your spouse and unmarried children who were until 21 years old at the time you filed your application for asylum will also receive asylee status.

Family members who fit into the category of spouse and unmarried child under 21 years old, who were not included on your application or not with you in the immigration court, however, may be eligible to have Form I-730 filed with the USCIS to gain asylee status.  Form I-730 must be filed within two years of the asylum grant to be eligible.

After being granted asylum you are eligible to file an application to become a permanent resident, Form I-485.  Additionally, along with Form I-485, you are eligible to file another Form I-765 for a work authorization card based on an approved application for asylum.  And, you will be given an I-94 designating you as an asylee.

Am I required to become a permanent resident if I am granted asylum?

No.  Once you are granted asylum, you can remain an asylee and simply receive a work authorization card based on your asylum status.

There are limitations to choosing this status over a long-period time.  One, you will need to renew your work permit card every five years.  Two, you will always be required to obtain a refugee travel document to travel internationally because you are no longer allowed to use your home country’s passport.  Three, you will not be on a path toward naturalization because the first step toward naturalization is holding permanent resident status for five years. Four, you will forever be subject to removal by the US government because all non-citizens (those who have not been naturalized) are subject to removal for various reasons, mostly due to a criminal conviction.

This post is meant to give you an understandable overview of how you apply for asylum, what is included in your application, and the benefits while you wait for adjudication and the benefits if you win.  None of the information in this post is meant to be legal advice.  If you would like advice on your situation, please contact our office at 412-904-8885, or by emailing Monica Driscoll at, monica.driscoll@sojournerlawfirm.com.