Asylum in the United States: the complete guide

We know you may have lived through things no one should. Asking for safety is your right under U.S. law. This guide tells you the truth about how hard the process is right now, and the next step you can take today.

This guide is general information, not legal advice. DNLH is not a law office. Asylum is one of the hardest areas of immigration law, and a mistake on the form can follow you for years. Talk with an immigration lawyer or a Department of Justice (DOJ) accredited representative before you file. Free help is listed below.

On this page

1. What is asylum, and who qualifies?
2. What is the one year deadline, and what if I missed it?
3. Affirmative or defensive: which path am I on?
4. How do I apply?
5. What happens at the asylum interview?
6. What happens if my asylum case is in immigration court?
7. Can I work while my case is pending?
8. What does asylum cost now?
9. What if I do not qualify for asylum? Withholding and torture protection
10. What can hurt my case?
11. What happens if I win?
12. What happens if I lose?
13. What changed in 2025 and 2026?
14. Where can I get free help in the Bay Area?
15. Questions people ask
16. Printables and Sources

What is asylum, and who qualifies?

Asylum is protection for people who cannot go home safely. If you win, the U.S. will not send you back to your country. You can work, and after one year you can apply for a green card.

To qualify under the asylum law, 8 U.S.C. 1158, you must show that you were harmed, or fear you will be harmed, because of one of five things:

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

The harm has to be serious. The law calls it persecution. And one of those five reasons must be at least one central reason for the harm. Fear of crime or violence in general is usually not enough on its own. That is the hardest part of most cases, and it is why a legal screening matters so much.

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 to the U.S.

Two more rules can stop you from applying at all:

• The one year deadline. See the next section.
• A past denial. If you already applied and were denied, you generally cannot apply again unless conditions changed in a way that affects your case.
• A "safe third country." The government can say you should seek protection in another country that has an agreement with the U.S. More on this in What changed.

The Board narrowed the rules in 2025 and 2026

The Board of Immigration Appeals, the court that reviews immigration judges, issued many asylum decisions in 2025 and 2026. A few examples from its official list:

• A group defined only by sex, or by sex and nationality, is too broad to count as a social group (Matter of K-E-S-G-, 2025).
• Opposing criminal gangs is not, by itself, a political opinion (Matter of D-G-E-A- & N-G-G-E-, 2026).
• Death threats rarely count as persecution unless they are believable and the person making them can act right away (Matter of E-M-F-S-, 2026).
• Judges should generally deny asylum to people from highly developed democracies (Matter of B-S-A-N-, 2026).

This does not mean your case is hopeless. It means how your story is framed matters more than ever. A lawyer can tell you which facts count and how to prove them.

What is the one year deadline, and what if I missed it?

You generally must file for asylum 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).

How the year is counted:

• It starts on the date of your last arrival in the U.S.
• If your case is in immigration court, your application counts as filed on the day the court receives it, not the day you mail it.
• If the last day falls on a weekend or a legal holiday, the deadline moves to the next business day.

If you missed the deadline

You may still be able to apply if you can show one of two kinds of reasons, and you filed within a reasonable time after it.

Changed circumstances. Something changed that affects your case. Examples: conditions in your country got worse, or U.S. law changed.

Extraordinary circumstances. Something kept you from filing on time. The rules give these examples:

• Serious illness or disability during your first year here, including the effects of the harm you fled
• Being an unaccompanied minor, or having a mental impairment
• A lawyer who failed you (this needs a detailed statement and specific steps)
• You had TPS, another lawful status or parole, and filed within a reasonable time after it ended
• You filed on time, it was sent back as not properly filed, and you filed again quickly
• The death or serious illness of your lawyer or a close family member

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

Children who came alone

The one year deadline and the safe third country rule do not apply to unaccompanied children. If you came to the U.S. under 18 without a parent or legal guardian available to care for you, tell your lawyer right away. USCIS, not the court, first decides many of these cases.

If asylum is closed to you

Even if you are too late for asylum, two other protections have no one year deadline: withholding of removal and protection under the Convention Against Torture. They are harder to win and give less. See Withholding and torture protection.

Affirmative or defensive: which path am I on?

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

How to tell where you are

• You got a Notice to Appear (Form I-862) and DHS filed it with the court? Your case is in immigration court. Look it up at EOIR Automated Case Information with your A number. See What a Notice to Appear means.
• You never got a court notice and are not in court? You would file with USCIS.
• You are not sure? Call EOIR at 800-898-7180. Not every case shows online, so ask a clinic to check too.

The risk in filing with USCIS

This is the part people do not hear enough. If you have no lawful status and USCIS does not grant your case, the officer sends it to immigration court with a charging document. That starts deportation proceedings, and you then ask the judge for asylum.

Since July 28, 2026, a new rule lets USCIS send some cases to court without an interview first, if the officer decides from the record that you are not eligible or do not deserve asylum. 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. The same rule removed the requirement that a referral letter explain the officer's view of your credibility.

If you have a lawful status (for example a valid visa or TPS) when USCIS decides, and USCIS does not grant asylum, the officer denies the case instead of sending it to court (8 CFR 208.14(c)).

How do I apply?

You apply on Form I-589. The same form asks for asylum, withholding of removal and protection under the Convention Against Torture all at once. For a short first look, see Who can apply for asylum and how do I start?

Step by step

1. Get a legal screening. Free help is below.
2. Get the newest form. Download it from the USCIS I-589 page. The current edition is dated 07/28/26, printed at the bottom of each page. Do not mix pages from different editions. USCIS can now require some forms to be filed online after giving notice (rule effective August 11, 2026). For the I-589, USCIS says you can file online or by mail depending on your situation; its Filing Instructions Tool on the I-589 page tells you which.
3. Write your story. Your written statement (declaration) explains what happened, who did it, why, and what you fear. Be exact and truthful. Dates, places and names matter.
4. Gather proof. See the list below.
5. List your family. Your spouse and unmarried children under 21 who are in the U.S. can be included on your application.
6. Pay the $100 fee. It cannot be waived. If USCIS rejects your application, it keeps the fee (8 CFR 106.2(c)(14)). In court, pay only through the EOIR Payment Portal and keep the proof.
7. File where your path says. With USCIS for an affirmative case, following the form instructions. With the court for a defensive case, when the judge tells you to.
8. Keep a full copy of everything you file, with the date.
9. Mark your dates. The day you filed starts your work permit clock and your annual fee year.

What to gather

• Passport, national ID, birth certificate, and any 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, news articles, letters from people who saw it
• Proof of membership: party cards, church records, union cards, or similar
• Reports on conditions in your country
• Translations into English of anything not in English, with a translator's certificate

No proof of something? Say so, and explain why. Many people fled with nothing. Your own detailed, consistent testimony matters a great deal. Ask your lawyer which proof you should still try to get.

Mistakes to avoid

• Copying a story from a friend, a template or a "helper." A false or made up claim can bar you from every immigration benefit, forever.
• Leaving out past arrests, past trips home, or earlier applications. They will likely come out anyway.
• Signing a form you have not read in a language you understand.
• Letting a notario file for you. See Warning signs of an immigration scam.

What happens at the asylum interview?

An asylum officer talks with you about your case. It is not supposed to feel like a trial. The rules call it nonadversarial.

Before you go

• Read your interview notice carefully. It says where and when.
• Bring your own interpreter if you cannot do the interview in English, unless your notice says USCIS will provide one (8 CFR 208.9). Your interpreter must be fluent in English and your language and at least 18. Your lawyer, a witness in your case, or someone who works for your country's government cannot interpret.
• If you come without a qualified interpreter and have no good reason, USCIS can treat it as if you did not show up. That can hurt your case and stop your work permit.
• Bring originals of your documents, plus your copy of the I-589.

At the interview

• You may bring a lawyer or accredited representative.
• You may bring witnesses and written statements from them.
• The officer will ask about your story, your identity, your travel and any bars. Answer honestly. If you do not know or do not remember, say so.
• Ask for a break if you need one.

After the interview

USCIS may grant your case, deny it (if you have a lawful status), or send it to immigration court (if you do not). The law sets a goal of 180 days for a decision, but USCIS itself says average processing now runs longer than that. Keep paying your annual fee and keep your address current while you wait.

What happens if my asylum case is in immigration court?

A judge decides, and a government lawyer argues the other side. You have the right to a lawyer at no cost to the government, which means you must find one yourself. Free help is below.

Your first hearing

At the first short hearing (called a master calendar hearing), the judge explains the charges, asks if you have a lawyer, and sets deadlines. If you do not have a lawyer, you can ask for more time to find one. The court gives you an interpreter if you need one. Tell the court your language and dialect. See What happens at your first immigration court hearing.

Your final hearing

At the individual hearing, you testify, your witnesses speak, and the government lawyer can ask you questions. Then the judge decides.

New risks in court

• Pretermission. Since 2025, the Board has said a judge may end an asylum claim without a full hearing if your application, read in your favor, does not show you could qualify (Matter of H-A-A-V-, 2025). In September 2026 it said a judge may do this even when the government did not ask (Matter of G-R-B-). Your written application must show every part of your case from day one.
• Third country agreements. Government lawyers have asked judges to end asylum cases so people can be sent to another country under an agreement with the U.S. The Board has said the judge decides this question first, and that you must show you are likely to be persecuted or tortured in that third country (Matter of C-I-G-M- & L-V-S-G-, 2025). See Your asylum hearing and the safe third country question.
• The annual fee. Not paying it is fatal to your asylum claim (Matter of L-F-R-, 2026, in the Board's precedent list). See What does asylum cost now?

Go to every hearing

If you miss a hearing after proper notice, the judge will order you removed without you there. You may also lose the chance at other relief for 10 years. See Do I have to go to immigration court?

Where Bay Area hearings are held. The San Francisco Immigration Court closed for good on September 4, 2026. The Concord Immigration Court is at 1855 Gateway Blvd, Suite 850, Concord, CA 94520, phone 925-680-9015. Always follow the address on your own hearing notice. People without a lawyer have in person hearings by default.

Can I work while my case is pending?

Yes, once enough time has passed. You can apply for a work permit 150 days after USCIS or the court receives your complete asylum application. USCIS cannot grant it until 180 days after you filed (8 CFR 208.7). This is often called the asylum clock.

How to apply

1. Count 150 days from the date your complete I-589 was received.
2. File Form I-765 under category (c)(8).
3. Pay the fee: $570 for a first asylum work permit (from October 16, 2026). There is no regular I-765 fee on a first asylum work permit, only the $570 H.R. 1 fee.
4. Give your fingerprints when USCIS asks.

What stops the clock

• Delays you ask for or cause do not count. For example, asking to move your interview or hearing, or missing a fingerprint appointment without good cause.
• Missing your asylum interview without exceptional circumstances can stop you from getting a work permit.
• An aggravated felony conviction makes you ineligible.
• Not paying the annual asylum fee. USCIS denies a pending work permit and ends a current one at once if your asylum application is rejected for nonpayment.

How long it lasts, and renewing

• USCIS has cut the longest validity for asylum applicant work permits to 18 months.
• There is no automatic extension anymore. For renewals filed on or after October 30, 2025, your card is not extended while you wait. DHS made this final on October 14, 2026.
• The asylum rule says your renewal must reach USCIS 90 days before your card ends. File as early as you are allowed. A gap means you must stop working.
• Renewal fee: the regular I-765 fee ($520 paper, $470 online) plus a $275 H.R. 1 fee. The $275 did not rise with inflation this year, because the law does not adjust it (Federal Register, October 1, 2026).

For more on keeping a job while a case is open, see How to get or renew a work permit while your case is pending and Your rights at work.

What does asylum cost now?

Asylum is no longer free. A federal law signed on July 4, 2025 (H.R. 1) created new fees. They rise with inflation every year.

The annual fee is the one that can end your case

• At USCIS: the fee comes due each year on the anniversary of your filing date. USCIS sends a notice. If you do not pay within 30 days of the notice, USCIS rejects your asylum application (since May 29, 2026). Your work permit ends, and if you have no other status, USCIS says it will start deportation proceedings.
• In court: pay through the EOIR Payment Portal. The judge may set a deadline. Not paying ends your asylum claim, though the judge must still decide withholding and torture protection.

Full details, a payment tracker and what to do if you cannot pay: New immigration court and asylum fees in 2026. For help paying, see Can I get money to pay for immigration fees?

Never pay a fee to a person on the phone, by gift card or by money transfer. The government does not ask for that.

What if I do not qualify for asylum? Withholding and torture protection

You may still be protected from being sent back. Form I-589 also asks for two other protections. The judge looks at them even if asylum is denied or closed to you.

Withholding of removal

• You must show it is more likely than not that your life or freedom would be threatened because of one of the same five reasons (8 CFR 1208.16).
• That is a higher bar than asylum.
• There is no one year deadline, and the annual asylum fee does not reach it.
• A particularly serious crime still bars it.

Protection under the Convention Against Torture

• You must show it is more likely than not you would be tortured in that country.
• You do not need to show one of the five reasons.
• Even people barred from withholding can get a form of it called deferral of removal.

What these do not give you

They stop the U.S. from sending you to that one country. The government can still send you to a different country. They give less than asylum does, so ask your lawyer what each one would mean for your family and your future.

What can hurt my case?

Most damage comes from small, avoidable mistakes. Here are the big ones.

• A false or made up claim. If a judge finds you knowingly filed a frivolous application after being warned, you can never get any immigration benefit. The written warning on the form is enough notice (Matter of S-M-H-, 2026).
• Missing a hearing or interview. See Go to every hearing.
• Not updating your address. Court: Form EOIR-33 within 5 working days, and send a copy to the government lawyer. USCIS: within 10 days. Notices go to the last address on file.
• Missing the annual fee. It ends the asylum claim.
• Leaving the U.S. while your case is pending. If you leave without advance parole, the rules presume you abandoned your application. If you go back to the country you fled, even with advance parole, the rules presume you abandoned it unless you show compelling reasons (8 CFR 208.8). The Board said in 2026 that this abandons your asylum, withholding and torture claims (Matter of M-R-I-). And since August 13, 2026, a trip on advance parole can also trigger the 3 or 10 year bar for people with past unlawful presence (USCIS I-131 page). Talk to a lawyer before any trip outside the U.S.
• A new arrest. Some crimes bar asylum and withholding. If you are arrested, tell your criminal defense lawyer you have an asylum case before you plead to anything. See Before you take a plea deal.
• A bad helper. Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See How to find a lawyer you can trust.

What happens if I win?

You are safe from being sent back to your country, and you can build a life here. Asylum lets you live and work in the U.S. You can travel abroad only with the government's permission first.

Your next steps

1. Keep your approval papers safe. Make copies.
2. Bring your family. File Form I-730, Refugee/Asylee Relative Petition, for your spouse and for each unmarried child under 21. There is no fee (8 CFR 106.2). File within two years of your grant (8 CFR 208.21). USCIS can extend that for humanitarian reasons. The marriage must have existed when you were granted asylum.
3. Apply for a green card after you have been in the U.S. for one year after your grant. There is no yearly limit on these green cards. Some grounds that would block other people can be waived for asylees.
4. Do not travel without permission, and never to the country you fled, without a lawyer's advice first.

Asylum is not a guarantee forever. The law lets the government end it in some cases. That is one more reason to apply for your green card when you can.

What happens if I lose?

You still have options, but the deadlines are short. Act the same week.

• Appeal to the Board. File Form EOIR-26 so the Board receives it within 30 days of the judge's decision. Mailing it on time is not enough. A late appeal is dismissed. EOIR told judges in March 2026 that 30 days is the correct deadline, even though the online rule text still shows 10 days for many cases. Confirm your exact deadline with a lawyer. Fee: $1,060, or ask for a waiver on Form EOIR-26A. Step by step: How to appeal an immigration judge decision.
• While an appeal is pending, the judge's order generally cannot be carried out.
• If you did not appeal, a motion to reopen is usually due within 90 days of a final order.
• If the Board says no, a petition for review goes to the federal court of appeals within 30 days. It does not stop removal by itself.
• Do not waive appeal at the hearing unless your lawyer tells you to. Once you waive it, you cannot appeal.

If your case was with USCIS and was referred to court, you have not lost. You start again before a judge. See How the deportation process works.

What changed in 2025 and 2026?

A lot. Here is what we confirmed, in order.

2025

• January 20, 2025: a presidential proclamation (Proclamation 10888) tried to block asylum for people crossing the southern border. On April 24, 2026, a federal appeals court in Washington, D.C. held it unlawful to the extent it denies people the right to apply for asylum or withholding.
• January 21, 2025: DHS expanded fast deportation without a judge (expedited removal) to people anywhere in the U.S. who were not admitted or paroled and cannot show two years here. On June 23, 2026, a federal appeals court lifted the order that had paused it (Make the Road New York v. Mullin). The challengers asked the full court to rehear the case on July 27, 2026; no ruling has been reported. If you are stopped and fear return, say so clearly. That should lead to a fear interview with an asylum officer. See Can I be deported without seeing a judge?
• July 4, 2025: H.R. 1 created the $100 asylum fee, the annual asylum fee, and new work permit fees.
• July to December 2025: DHS published agreements with Honduras, Guatemala, Uganda and Ecuador, and a memorandum with Paraguay's refugee commission, for sending some people to those countries to seek protection there (Paraguay, 90 FR 60114). One with Belize followed on March 12, 2026.
• 2025: the Attorney General and the Board issued decisions narrowing who counts as a particular social group, and allowing judges to end asylum claims without a full hearing.
• October 30, 2025: automatic extensions for renewed work permits ended. DHS made this final on October 14, 2026.
• December 2, 2025: USCIS put a hold on all pending asylum applications, regardless of nationality (memo PM-602-0192).

2026

• February 23, 2026: DHS proposed stricter rules for asylum work permits. Not final as of October 21, 2026.
• March 2026: an EOIR memo told judges the deadline to appeal to the Board is 30 days, after a court struck down a cut to 10 days.
• May 29, 2026: USCIS began rejecting asylum applications when the annual fee goes unpaid 30 days after notice.
• June 5, 2026: a federal court in Rhode Island set aside the USCIS asylum hold and related policies (Dorcas International Institute v. USCIS). On June 12, USCIS said the hold memos and a related policy alert "should be treated as if they are not in effect" while it follows the order (USCIS alert). The government appealed. Case trackers report that the First Circuit's August 14, 2026 order paused only a separate policy on re-reviewing approved cases (AfghanEvac tracker, updated October 4, 2026). Ask a lawyer whether anything still affects your case.
• August 24, 2026: a federal court in California also blocked the hold memos for nationals of 39 countries (Red Eagle Law v. Edlow). USCIS said on August 28 it will decide these cases "in the normal course" (USCIS alert).
• July 24, 2026: the Board held that not paying the annual fee ends the asylum claim (Matter of L-F-R-).
• July 28, 2026: USCIS can refer some affirmative cases to court without an interview. USCIS also updated Form I-589 (edition 07/28/26).
• August 11, 2026: a new rule lets USCIS require online filing for forms it names, with a way to ask for a waiver.
• September 4, 2026: the San Francisco Immigration Court closed. Bay Area cases are under the Concord court.
• September and October 2026: the Board said judges may end asylum claims on their own (Matter of G-R-B-) and should generally deny people from highly developed democracies (Matter of B-S-A-N-).
• October 2026: fees rose again: annual asylum fee $105, first asylum work permit $570.

Things move fast. When you see news, check it with a clinic before you act.

Where can I get free help in the Bay Area?

These are free or low cost groups 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. Asylum and immigration court cases.
• Asian Law Alliance (San Jose): (408) 287-9710. Immigration legal services.
• Catholic Charities of Santa Clara County: (408) 468-0100. Immigration legal services.
• Bay Area Legal Aid Legal Advice Line: 1-800-551-5554, in all languages. Free to people who qualify.
• San Mateo County Immigrant Services: (650) 363-4194. Connects residents to legal help.
• Santa Clara County Office of Immigrant Relations: removal defense provider list.
• Came to the U.S. alone as a child? California funds free legal help for unaccompanied minors, including asylum. See the California Department of Social Services page.
• Court's own list: DOJ List of Pro Bono Legal Service Providers, under Concord.
• Self help from the court: EOIR Immigration Court Online Resource.
• More options: Free or low cost immigration legal help in the Bay Area

If immigration agents are near you right now, call your county rapid response line: Santa Clara County (408) 290-1144, or San Mateo County (203) 666-4472, open 24 hours.

What you lived through can stay with you. Caring for your mind is part of getting through this. See Mental health care without fear. If you are thinking about suicide or are in crisis, call or text 988 (988 Suicide & Crisis Lifeline, free and confidential, 24/7). In Spanish, dial 988 and then press 2. If someone is in danger, call 911.

Questions people ask

Can I apply for asylum if I came in without papers? Yes. The law gives people who are physically present in the U.S. the right to apply, however they entered. A federal appeals court confirmed that right in April 2026. How you entered can still matter for other parts of your case, so tell your lawyer.

I have been here more than a year. Is it too late? Maybe not. Ask about the exceptions. And withholding and torture protection have no one year deadline.

Can my children be on my application? Yes, if they are unmarried, under 21 and in the U.S. A child who turns 21 while your case is pending can still count as a child. Children abroad can join you after you win, through Form I-730.

How long will it take? The law sets a goal of 180 days for a decision, but USCIS itself says average processing now runs longer than that. Plan to keep your address current and pay your annual fee for years if needed.

Can I work right away? No. You can apply 150 days after filing a complete application, and it cannot be granted before 180 days. See Can I work?

Can I get a fee waiver for asylum? No. The $100 application fee and the annual fee cannot be waived, at USCIS or in court.

Will filing for asylum put me in deportation proceedings? It can. If you have no lawful status and USCIS does not grant your case, it goes to immigration court. Get a legal screening first.

I have TPS or a visa. Should I still file within a year? Having TPS or a lawful status can count as an extraordinary circumstance, if you file within a reasonable time after it ends. Do not count on it. Ask a lawyer before your year runs out.

Do I need a lawyer? The law does not require one, and the government will not pay for one. But asylum law is hard and changing fast, and one mistake can cost you protection. Start with a free clinic.

Can I travel while my case is pending? Talk to a lawyer first. Leaving without advance parole is treated as abandoning your application. Going back to the country you fled can end your claims.

I moved. What do I do? Tell the court within 5 working days on Form EOIR-33, and USCIS within 10 days. See Tell USCIS your new address.

Someone says they can get me asylum fast for a fee. Is that real? No one can promise asylum. Check that the person is a lawyer or accredited representative. See Warning signs of an immigration scam.

I came alone as a child. Is my case different? Yes. The one year deadline does not apply, and USCIS usually decides first. Free state funded help exists. See Free help.

Does "undocumented" include people with a pending asylum case? People use the word in different ways. See Who is considered undocumented?

Asylum case checklist

Questions for your lawyer

You did something brave by seeking safety. The road is long and the rules are hard, but people win protection every day with good help and careful steps. Take the next one. You are not alone, and there is a community standing with you. Do not lose hope.