Affirmative Asylum

Affirmative asylum is for people who are not currently in immigration court. You apply by submitting Form I-589 to USCIS and attend an interview with an asylum officer. Defensive asylum is for people who are already in removal (deportation) proceedings. In that case, you apply for asylum as a defense against being removed from the U.S., and your case is decided by an immigration judge. 

Asylum and refugee status are similar in that both protect people fleeing persecution. The main difference is where you apply. Refugees apply for protection from outside the U.S., usually through the United Nations or a U.S. embassy. Asylum seekers apply from inside the United States or at a port of entry, such as an airport or border crossing. 

To be granted asylum, you must show that you were persecuted—or fear future persecution—because of at least one of these five reasons:

1. Your race
    
2. Your religion
    
3. Your nationality
    
4. Your political opinion
    
5. Your membership in a particular social group (such as gender-based groups, LGBTQ+ identity, or family ties)

No. While evidence of past persecution can make your case stronger, it’s not required. You can still qualify if you can show a well-founded fear of future persecution in your home country based on one of the protected grounds listed above. 

In general, you must file your asylum application within one year of your last arrival in the United States. If you file late, your application may be denied unless you qualify for an exception. 

Yes. You may still be eligible for asylum if you can show extraordinary circumstances (such as serious illness or legal disability) or changed circumstances (such as a new threat in your home country or changes in your legal status in the U.S.) that prevented you from applying on time. You must apply within a reasonable time after the change occurs. 

If you were already offered permanent resettlement in another country before coming to the U.S., you may be barred from receiving asylum here. For example, if you lived in a third country with permanent legal status and access to work or travel, the asylum officer may determine that you had a safe place to live outside your home country. 

Yes, but you must wait 150 days after filing your asylum application (Form I-589) before you can apply for a work permit. USCIS can issue your Employment Authorization Document (EAD) after your application has been pending for at least 180 days and there are no delays caused by you. 

Yes. You can include your spouse and unmarried children under 21 on your application if they are physically present in the United States. If you are granted asylum, they may also be granted asylum status. 

Yes. If you apply for affirmative asylum, you will have an interview with an asylum officer. The officer will ask you about your background, your reasons for seeking asylum, and any supporting evidence. You may bring an attorney and an interpreter if needed. 

The mock interview is a practice session with our immigration attorney designed to prepare you for the asylum interview. We review common questions and provide guidance on how to respond clearly and confidently. 

Yes, and in most cases, we recommend that an attorney accompany you to the USCIS interview. Having legal counsel present provides in-person support, helps resolve any unexpected issues on the spot, and ensures the process stays on track. 

The asylum officer will consider your testimony, documents, country conditions, and all available evidence. They must decide whether you meet the legal definition of a refugee and whether there are any bars to asylum. If more information is needed, your case may be reviewed by a supervisor before a final decision is made. 

If you are not in lawful immigration status, and the asylum officer does not approve your case, USCIS will refer your case to immigration court, where you can apply for asylum again as part of your removal proceedings. You will have a chance to present your case before an immigration judge. 

Yes. If you are granted asylum, you can apply for lawful permanent residence (a green card) after one year of living in the U.S. as an asylee. You must still meet all eligibility requirements, including continued presence in the U.S. and no disqualifying factors.