Who can apply for asylum and how do I start?

We know fear brought you here. Asking for safety is your right under U.S. law. The process is hard right now, and we will tell you the truth about it. You can still take a real first step today.

This page is a starting point. It is general information, not legal advice, and DNLH is not a law office. Asylum is one of the hardest areas of immigration law. A mistake on the form can follow you for years. Talk with an immigration attorney or a DOJ accredited representative before you file. For the full picture, see Asylum: the complete guide.

Who can apply for asylum?

Anyone who is physically in the United States can ask for asylum, however they entered. The law gives that right to people who came with a visa, without a visa, or at the border. In April 2026, a federal appeals court in Washington, D.C. held that a 2025 presidential proclamation could not take away the right to apply for asylum or withholding (RAICES v. Mullin).

Being allowed to apply is not the same as winning. To win, you must show you were harmed, or fear you will be harmed, because of at least one of five reasons:

1. Race
2. Religion
3. Nationality
4. Political opinion
5. Membership in a particular social group (people who share something they cannot change or should not have to change)

The harm must be serious. The law calls it persecution. And one of the five reasons must be at least one central reason you were targeted. Fear of crime or violence in general is usually not enough by itself. How your story connects to one of the five reasons is the heart of most cases.

Who cannot get asylum

The law bars asylum for people who:

• Helped persecute others
• Were convicted of a particularly serious crime and are a danger to the community
• Committed a serious nonpolitical crime outside the U.S. before arriving
• Are a danger to U.S. security, or fall under terrorism grounds
• Were firmly resettled in another country before coming here

You also generally cannot apply if you already applied and were denied, unless conditions changed in a way that affects your case. And the government can argue that you should seek protection in another country that has an agreement with the U.S. See Your asylum hearing and the safe third country question.

What is the one year deadline?

You generally must file within one year of your last arrival in the U.S. You must prove you filed on time with clear and convincing evidence (8 CFR 208.4).

• The year starts on the date of your last arrival, not your first.
• In immigration court, your application counts as filed on the day the court receives it.
• If the last day is a weekend or legal holiday, the deadline moves to the next business day.

What if it has been more than a year?

It may not be too late. You can still apply if you show one of two kinds of reasons, and you filed within a reasonable time after it:

• Changed circumstances. Something changed that affects your case, like conditions in your country getting worse.
• Extraordinary circumstances. Something kept you from filing on time. The rules give examples: serious illness or disability during your first year, being an unaccompanied minor, a lawyer who failed you, having TPS, another lawful status or parole and filing soon after it ended, a filing that was sent back and quickly refiled, or the death or serious illness of your lawyer or a close family member.

You must prove the reason, and you cannot have caused it on purpose.

Even if asylum is closed to you, two other protections on the same form have no one year deadline: withholding of removal and protection under the Convention Against Torture. They are harder to win and give less. See Asylum: the complete guide.

What if I came as a child alone?

The one year deadline and the safe third country rule do not apply to unaccompanied children. If you came under 18 without a parent or legal guardian available to care for you, tell your lawyer right away. USCIS first decides many of these cases, even for children in court. California funds free lawyers for children who came alone. See Who can help? and What is SIJS and can my child qualify?

Which path am I on?

It depends on one question: are you already in immigration court?

How to tell: if you got a Notice to Appear and it was filed with the court, you are in court. Look up your A number at EOIR Automated Case Information or call 800-898-7180. Not sure? Ask a clinic to check. See What a Notice to Appear means.

The risk of filing with USCIS

If you have no lawful status and USCIS does not grant your case, the officer sends it to immigration court. That starts deportation proceedings, where you ask the judge for asylum again. Since July 28, 2026, a new rule lets USCIS send some of these cases to court without an interview first. It applies only to people who do not have a lawful basis to stay. USCIS still offers an interview before it grants or denies a case.

If you do have a lawful status, like a valid visa or TPS, and USCIS does not grant asylum, the officer denies the case instead of sending it to court.

That is why a screening comes first. Ask the lawyer: "If I file and do not win, what happens to me? How strong is my case?"

How do I start?

Here are the first steps, in order.

1. Write down your dates. The day you last arrived, and any trips in and out.
2. Get a legal screening. Free help is below. Bring the papers in the checklist.
3. Find your path. Affirmative (USCIS) or defensive (court). See above.
4. Get the newest form. Download Form I-589 from the USCIS I-589 page. The current edition, 07/28/26, is printed at the bottom of each page. Don't mix pages from different editions. If you can file with USCIS, you can file online or by mail, depending on your situation. Use the Filing Instructions Tool on the I-589 page to see which applies to you. Some people must file by mail, including children who were found to be unaccompanied and people whose court case was dismissed or terminated.
5. Write your statement. Explain what happened, who did it, why, and what you fear. Be exact and truthful. Dates, places and names matter.
6. Gather proof. Whatever you have. See the next section.
7. Include your family. Your spouse and unmarried children under 21 who are in the U.S. can be on your application.
8. Pay the $100 fee. USCIS keeps it even if it rejects your application, so get the form right (8 CFR 106.2(c)(14)). In court, pay only through the EOIR Payment Portal and keep the receipt.
9. File where your path says. With USCIS, use the "Where to File" section and Filing Instructions Tool on the I-589 page. In court, file when and how the judge tells you.
10. Keep a full copy of everything you file, with the date. That date starts your work permit clock and your yearly fee.

What to gather

• Passport, national ID, birth certificate, travel documents
• Your I-94 record or any paper from when you came in
• Marriage and birth certificates for family on your application
• Proof of what happened: police reports, medical records, photos, threats, letters from people who saw it
• Proof of who you are: party cards, church records, union cards
• English translations of anything not in English, with a translator's certificate

No proof? Say so and explain why. Many people fled with nothing. Your own detailed, consistent story matters a great deal.

Mistakes to avoid

• Copying a story from a friend or a "helper." A knowingly made up claim can bar you from every immigration benefit, forever. The warning on the form is enough notice.
• Leaving things out, like arrests, trips home or earlier applications.
• Signing anything you have not read in a language you understand.
• Letting a notario file for you. Only an attorney or a DOJ accredited representative may give you legal advice. See Warning signs of an immigration scam.

What does it cost?

Asylum is no longer free. A 2025 federal law created new fees. As of October 16, 2026 (Federal Register):

• $100 to apply. No waiver.
• $105 every year your case is open. No waiver. If you don't pay it, your asylum claim can end. At USCIS, an application is rejected if the fee is not paid within 30 days of the notice.
• $570 for your first asylum work permit.
• $520 on paper or $470 online, plus $275, to renew the work permit.

Full details: New immigration court and asylum fees in 2026. Never pay a fee by phone, gift card or money transfer. The government does not ask for that.

When can I work?

You can apply for a work permit 150 days after your complete application is received. USCIS cannot grant it before day 180 (8 CFR 208.7). File Form I-765 under category (c)(8). Delays you ask for, or a missed fingerprint appointment, stop the clock. See How to get or renew a work permit while your case is pending.

What do I say if I am stopped?

Say clearly that you are afraid to go back. Since 2025, the government can use fast deportation without a judge (expedited removal) on some people anywhere in the U.S. If you are stopped and fear return, say so. That should lead to a fear interview with an asylum officer. You also have the right to stay silent about everything else. See Can I be deported without seeing a judge? and Your rights if immigration agents come.

Who can help?

These are free or low cost programs and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Asylum and deportation defense for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Catholic Charities San Francisco, immigration legal services (serves San Mateo County): (650) 285-6451.
• Asian Law Alliance (San Jose): (408) 287-9710.
• Catholic Charities of Santa Clara County: (408) 468-0100.
• Bay Area Legal Aid advice line: 1-800-551-5554, in all languages.
• Came here alone as a child? California funds free lawyers for unaccompanied minors, including for asylum. See the California Department of Social Services page.
• The court's own list: DOJ List of Pro Bono Legal Service Providers, under Concord.
• More options: Free or low cost immigration legal help in the Bay Area and How to find a lawyer you can trust.

Bay Area immigration court cases are now heard by the Concord Immigration Court, 1855 Gateway Blvd, Suite 850, Concord. Always follow the address on your own notice.

What you lived through can stay with you. See Mental health care without fear. If you are in crisis or thinking about suicide, call or text 988 (988 Suicide & Crisis Lifeline, free, confidential, 24/7). If someone is in danger, call 911.

Questions people ask

I came in without papers. Can I still apply? Yes. The law lets anyone physically present in the U.S. apply. How you entered can still matter for other parts of your case, so tell your lawyer.

Can I apply for my whole family? Your spouse and unmarried children under 21 who are in the U.S. can be on your application. A child who turns 21 while your case is pending can still count as a child.

How long does it take? The law sets a goal of a decision within 180 days at USCIS, but cases often take much longer. Keep your address current and pay the yearly fee while you wait.

I moved. Who do I tell? The court within 5 working days (Form EOIR-33) and USCIS within 10 days. Notices go to your last address on file.

Can I travel while my case is pending? Talk to a lawyer before any trip. If you leave without advance parole, the rules treat your application as abandoned. Going back to the country you fled can end your case (8 CFR 208.8).

Is there a checklist I can print?

You did something brave by getting here. Take the next step this week.