Asylum is protection for individuals who fear returning to their home country due to persecution. After one year of being granted asylum, you can apply for a Green Card.
Who Can Apply for Asylum
To receive asylum in the USA, you must prove that you are a victim of persecution or have a well-founded fear of persecution based on:
- race
- religion
- nationality
- political opinions
- membership in a particular social group (e.g., sexual orientation, gender identity, status as a victim of domestic violence)
A difficult economic situation, general problems in the country, or a private conflict are not sufficient — you must demonstrate a specific personal reason for persecution.
Two Paths to Apply for Asylum
1. Affirmative Asylum
You submit your application voluntarily to USCIS before deportation proceedings begin. The procedure:
- Submit Form I-589 within 1 year of arriving in the USA (there are exceptions)
- Wait for an invitation to an interview with an asylum officer
- Interview at one of the 8 Asylum Offices in the USA
- Decision: grant of asylum or referral to immigration court
2. Defensive Asylum
You apply as a defense against deportation in immigration court (Executive Office for Immigration Review). This is a court procedure, and legal assistance may be available.
One-Year Deadline
The I-589 application must be submitted within one year of your last entry into the USA. Exceptions apply to:
- Changes in circumstances in your home country (e.g., outbreak of war after your departure)
- Exceptional personal circumstances (serious illness, traumatic events)
Costs
Submitting the I-589 application is free. There may be costs for:
- Document translations (from 30 USD per page)
- Expert psychological/medical opinions
- Immigration attorney (from 3,000 to 15,000 USD for a full case)
Work While Waiting
You can apply for a work permit (EAD, Form I-765) 180 days after submitting the I-589, if the case is still pending. This is known as the “150-day asylum clock.”
What Constitutes a Good Justification
- Detailed personal statement (declaration) — timeline of events
- Documents from your home country (police reports, court documents, medical records)
- Reports from human rights organizations (Human Rights Watch, Amnesty International)
- Country Conditions Reports (Department of State)
- Witness and expert testimonies
After Receiving Asylum
- You can work without restrictions
- After 1 year — apply for a Green Card (I-485)
- After 5 years with a Green Card — apply for citizenship
- You can bring your spouse and children (Form I-730)
- You can travel with a Refugee Travel Document — BUT NOT to the country you fled from (this invalidates your asylum)
Warning
Submitting a false asylum application is a federal crime. If your asylum is denied, you may be referred for deportation. It is always advisable to consult with a licensed immigration attorney or an organization assisting refugees (e.g., Catholic Charities, IRAP).
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