Asylum & Refugee Protection
Asylum Protection
Asylum protects individuals already in the U.S. who cannot return home due to persecution or well-founded fear of persecution.
- Key Deadline: Must apply within 1 year of arrival
- Location: Must be physically present in U.S.
- Path to Green Card: Eligible after 1 year of asylum status
Refugee Admissions
Refugee status is for individuals outside the U.S. who are unable to return to their home country due to persecution.
- Location: Must be outside the United States
- Referral Required: By UNHCR, embassy, or designated agency
- Annual Limit: Set by Presidential Determination
⚠️ Critical One-Year Filing Deadline
You must file your asylum application within ONE YEAR of your arrival in the United States.This deadline is strictly enforced with very limited exceptions.
Limited Exceptions to One-Year Rule:
- •Changed circumstances materially affecting eligibility
- •Extraordinary circumstances preventing timely filing
- •New country conditions in home country
- •Legal disability (mental incompetence, unaccompanied minor)
- •Ineffective assistance of counsel
- •Maintaining TPS or another lawful status
Types of Protection
Asylum
Protection for individuals already in the U.S.
Eligibility:
Must be physically present in U.S., apply within 1 year
Benefits:
Work authorization after 150 days, can apply for green card after 1 year
Family Benefits:
Spouse and unmarried children under 21 can be included
Withholding of Removal
Protection under Immigration and Nationality Act
Eligibility:
Higher standard than asylum, no time limit to apply
Benefits:
Protection from return to country of feared persecution
Family Benefits:
No derivative benefits for family members
Convention Against Torture (CAT)
Protection from torture by or with government acquiescence
Eligibility:
Clear probability of torture if returned
Benefits:
Protection from removal to country where torture is likely
Family Benefits:
No derivative benefits for family members
Refugee Status
Protection for individuals outside the U.S.
Eligibility:
Must be outside U.S., referred by UNHCR or other agency
Benefits:
Admission to U.S., work authorization, green card after 1 year
Family Benefits:
Spouse and unmarried children can be included
Grounds for Persecution
Persecution must be based on one of five protected grounds recognized by U.S. immigration law:
Race
Persecution based on racial or ethnic identity
Religion
Persecution for religious beliefs or practices
Nationality
Persecution based on country of origin or citizenship
Political Opinion
Persecution for political beliefs or activities
Particular Social Group
Persecution based on shared characteristics beyond individual control
Asylum Application Process
Step-by-Step Asylum Process
File Form I-589
Submit asylum application within one year of arrival (or show changed circumstances)
Required Documents:
- •Form I-589 completed in English
- •Supporting evidence of persecution
- •Country condition evidence
- •Personal statement detailing persecution
Biometric Services
Attend biometrics appointment for fingerprinting and background check
Required Documents:
- •Biometrics appointment notice
- •Valid identification document
- •I-589 receipt notice
Asylum Interview or Hearing
Present case to asylum officer (affirmative) or immigration judge (defensive)
Required Documents:
- •All supporting evidence
- •Interpreter if needed
- •Legal representation (recommended)
- •Updated evidence of country conditions
Decision and Next Steps
Receive asylum decision and information about next steps
Required Documents:
- •Decision notice from USCIS or court
- •If granted: eligible for work authorization
- •If denied: may be placed in removal proceedings
Asylum Requirements
Eligibility Requirements for Asylum
- Must be physically present in the United States
- Apply within one year of arrival (with limited exceptions)
- Demonstrate persecution or well-founded fear of persecution
- Persecution must be based on race, religion, nationality, political opinion, or membership in particular social group
- Unable or unwilling to return to home country due to persecution
- Not barred by any criminal or security grounds
- Not firmly resettled in another country before coming to U.S.
Refugee Requirements
Eligibility Requirements for Refugee Status
- Located outside the United States
- Of special humanitarian concern to the United States
- Demonstrate persecution or well-founded fear of persecution
- Persecution based on race, religion, nationality, political opinion, or particular social group
- Not firmly resettled in any country
- Admissible to the United States
- Referred by UNHCR, U.S. Embassy, or designated NGO
Important Information
Affirmative vs Defensive Asylum
- • Affirmative: Filed with USCIS when not in removal proceedings
- • Defensive: Filed as defense against removal before immigration judge
- • Interview vs Hearing: Affirmative has interview, defensive has court hearing
- • Legal Representation: Highly recommended for both processes
After Asylum Grant
- • Work authorization immediately available
- • Eligible to apply for green card after 1 year
- • Can petition for spouse and unmarried children under 21
- • Must not return to country of feared persecution
Asylum Application Fees
NEW ASYLUM APPLICATION FEE - 2025
Form I-589 Application Fee:
• Previous fee: $0 (no fee)
• NEW fee (July 2025): $100
• This fee is required by H.R. 1 Reconciliation Bill
• Fee waivers NOT available - H.R. 1 fees cannot be waived
• Fee applies to all I-589 applications filed on/after July 22, 2025