Who Qualifies for Asylum in the United States

Here is what you need to know about who qualifies for asylum:

• Asylum protects individuals fearing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• You must apply within one year of arrival unless you qualify for an exception.
• If you are not in deportation proceedings, your application will be reviewed in an interview with USCIS, where you must explain your case and provide supporting evidence. If you have an active deportation case, your application and any supporting evidence you submit will be reviewed by an immigration judge.
• Missing the one-year deadline can make you ineligible, but exceptions exist for changed or extraordinary circumstances.
• Legal assistance is highly recommended to navigate the process and improve your chances of approval.

If you are thinking of applying for asylum, consult a lawyer or DOJ accredited representative. Read our guide about pro-bono and low-cost lawyers in New York. 

This information is not a substitute for legal advice from a qualified attorney or accredited representative. This story was last updated June 26, 2026.

What is asylum?

Asylum is a form of protection granted to individuals who are already in the United States or arriving at the border and cannot return to their home country due to past persecution or a well-founded fear of future persecution based on:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

You can apply for asylum if you don’t have prior deportation orders, but approval is not guaranteed. Asylum allows you to stay in the U.S. legally and eventually apply for lawful permanent residency, also known as a green card.

Do I qualify for asylum in the U.S.?

You may be eligible for asylum if:

• You are physically present in the U.S. 
• You can demonstrate that you have suffered persecution or have a well-founded fear of future persecution in your home country.
• You apply within 1 year of arriving in the U.S. (unless you qualify for an exception).
• You pay a $102 annual fee.

If you are in the U.S. illegally or have overstayed a visa, you can still apply for asylum, so long as you do not have a prior deportation order.

What is the process for applying for asylum?

Here are the steps to apply for asylum:

1. File Form I-589 and pay the $102 fee:
   • Submit the Application for Asylum and for Withholding of Removal to U.S. Citizenship and Immigration Services if you are making an affirmative asylum claim.
   • If you are in deportation proceedings, you must file this form with immigration court.
2. Biometrics appointment: Attend a fingerprinting and background check appointment.
3. Asylum interview: Attend an interview with a USCIS asylum officer to explain your case. It is important to note, however, that USCIS is transferring some asylum applications to immigration court. For this reason, it’s important to keep your address up-to-date with USCIS and notify them if you move.
4. Decision: If approved, you can stay in the U.S. and eventually apply for a green card. If denied, you may be referred to immigration court for removal proceedings.

You can apply for asylum so long as you don’t have a prior deportation order, but it’s best to consult an immigration attorney for help with your application.

If you live in New York, you will file your application with the USCIS Chicago Lockbox..

U.S. Postal Service (USPS):

USCIS
Attn: I-589
P.O. Box 6893
Chicago, IL 60680

FedEx, UPS, or DHL deliveries:

USCIS
Attn: I-589 (Box 6893)
131 S. Dearborn St., 3rd Floor
Chicago, IL 60603-5517

Can I apply for asylum if I’ve been in the U.S. for more than 1 year?

It depends. You must prove that you qualify for an exception to the one-year rule. Exceptions include:

• Changed circumstances in your home country, such as new threats or persecution
• Extraordinary circumstances that prevented you from applying on time, such as serious illness, legal disability, or ineffective assistance of counsel.

If you don’t qualify for an exception, you may still be eligible for other forms of relief, such as Withholding of Removal or Protection Under the Convention Against Torture (CAT).

Can I work while my asylum application is pending?

Yes, but you must wait 150 days after filing your asylum application before applying for a work permit (Employment Authorization Document or EAD). An EAD legally qualifies an asylum seeker to work in the U.S. while their asylum case is pending. There is currently a proposed rule that, if accepted, could lead to an extended pause in the acceptance of initial applications for work permits. Until and unless that rule goes into effect, asylum seekers can still apply after 150 days of their pending application.

What happens if my asylum application is denied?

If your asylum application is denied:

• You will be placed into removal proceedings and your application will be transferred to Immigration Court.
• Once you are in removal proceedings, you will get another opportunity to present your asylum claim to an immigration judge. Under the Trump Administration, some asylum applications are being “pre-termitted,” meaning that a judge denies the application before a person can present their full case. 
• If an immigration judge denies your asylum application, you can file a motion to reconsider before EOIR and if that gets denied, then appeal the decision to the Board of Immigration Appeals (BIA).

If no relief is granted, the immigration judge can issue a deportation order.