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Last reviewed: October 16, 202613 official sources

Asylum application

IN SHORT

People who are in the United States and are not U.S. citizens may apply regardless of how they entered or their current status.
The application must be filed within one year of the last entry into the United States; exceptions depend on specific circumstances.
Asylum, withholding of removal, and CAT protection are requested using Form I-589.
Form I-765 may be filed when the application has been pending for 150 days; the EAD is issued after a total of 180 days.
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Asylum (protection), is protection recognized by the United States for people who have been persecuted or fear persecution in their country because of their race, religion, nationality, membership in a particular social group, or political opinion. This page explains ways to apply, the one-year rule, fees, work authorization, bars to asylum, and types of protection other than asylum. For green cards, family reunification, and travel rules after asylum is granted, see 3.7 Green cards through asylum and refugee status. Asylum cases are individual; consult an immigration attorney before applying.

Who can apply, and how?

  • You must be physically present in the United States and not be a U.S. citizen to apply. How you entered and your current status do not prevent you from applying.
  • You apply using Form I-589. The same form also covers withholding of removal and protection under the Convention Against Torture (CAT).
  • There are three ways:
    • Apply to USCIS (affirmative): if you do not have a case in immigration court.
    • Apply in court (defensive): if you have a removal case, you submit Form I-589 to the court.
    • After a "credible fear" interview at the border: for people who expressed fear while in expedited removal proceedings and received a positive determination, a second interview at USCIS (Asylum Merits Interview).
  • If USCIS does not approve your application and you have no lawful status, your case is sent to an immigration judge, who reviews it from the beginning. See 12.3.
  • You may include your spouse in the United States and your unmarried children under age 21 in your application.
Source [1, 2, 3]

The one-year rule

  • You must apply within one year of your last entry into the United States.
  • A late application is accepted only if both of these conditions apply:
    • there has been a change in circumstances that materially affects your eligibility, or an extraordinary circumstance directly caused the delay;
    • you applied within a reasonable time in light of that circumstance.
  • Other circumstances that may bar your application:
    • an immigration judge or the BIA previously denied your asylum claim (if there has been no change in circumstances);
    • you can be sent to a safe third country with which the United States has an agreement.
  • A person who cannot apply for asylum may still apply in court for withholding of removal or CAT protection.
Source [4, 5]

What you should know before applying

  • The form is completed in English. USCIS has Turkish translations of Form I-589 and its instructions, but they are for reading only. An English translation must be attached to every document that is not in English.
  • Confidentiality: Information that you applied for asylum is not provided to the government of the country where you say you fear persecution (8 CFR 208.6).
  • Your information may be used against you: if you have no lawful status and your application is not accepted, the information on the form may be used as evidence in removal proceedings, even if you withdraw the application.
  • Frivolous application: if it is determined that you knowingly fabricated a significant element of your application, you may be permanently barred from all benefits under immigration law. The fact that someone told you to provide false information does not protect you.
  • Interpreter: you usually provide your own interpreter for the initial USCIS interview. The government provides an interpreter at the Asylum Merits Interview and in court.

"10-year green card" trap: EOIR reports that some people are deceived with promises of work authorization by being told, "you have been in the United States for 10 years" or "your child is a citizen," and are actually made to sign an asylum form without knowing it. These people, who do not attend the interview, face removal proceedings. Read every form you sign.

Source [3, 5, 6]

Applying to USCIS: step by step

  1. Check whether you have a case. If you have an A-number, check the EOIR case information system or call +1 800 898 7180. If you have a case, submit the form to the court, not USCIS.
  2. Find out where to file. USCIS's filing location tool tells you whether to submit the form online or by mail.
  3. Pay the fee. The principal applicant pays $100 when applying. A fee waiver cannot be requested for this fee.
  4. Attend your biometrics appointment. Since August 21, 2026, a request for a new appointment after a missed appointment must be made within 10 calendar days and with proof of an extraordinary circumstance.
  5. Submit evidence on time. Submit all evidence to the asylum office at least 14 calendar days before the interview.
  6. Attend the interview. The interview is postponed only if an extraordinary circumstance is proven. If you do not attend and do not request postponement before the interview or within the following 10 days, your application may be dismissed or referred to a judge.
  7. Pay the annual fee. While your application is pending, an annual asylum fee is charged each year. USCIS sends a notice; pay online within 30 days after the notice. Your application cannot be approved until the fee is paid.
  8. Report your address. If you move, notify USCIS in writing within 10 days.
Source [2, 5, 7]

Fees (as of October 16, 2026)

  • Form I-589 filing fee (principal applicant): $100.
  • Annual asylum fee: $105 (previous amount: $102). The same amount is paid through the EOIR Payment Portal for court-filed applications.
  • Initial employment authorization (EAD): form fee $0 + H.R. 1 fee $570 (previous amount: $560).
  • EAD renewal: $520 by paper, $470 online + H.R. 1 fee $275.
  • A waiver cannot be requested for these H.R. 1 fees. Applications mailed on or after October 16, 2026, will be rejected if the fee is insufficient.
Source [7, 8, 9]

Employment authorization (EAD)

  • When your application has been pending for 150 days, you may file Form I-765 in category (c)(8). The permit is issued after the application has been pending for a total of 180 days. This is called the "180-day asylum EAD clock."
  • Delays requested or caused by you do not count toward this period. Examples:
    • requesting that the interview be postponed or the case transferred to another office;
    • failing to attend the interview or biometrics appointment;
    • failing to bring an adequate interpreter when necessary;
    • submitting additional evidence at the interview or during the last 14 days.
  • If asylum is granted, you may work immediately; an EAD is not required. When USCIS grants asylum, the EAD is automatically mailed to you; if it does not arrive within 90 days, call the USCIS Contact Center.
  • If the application is denied: when USCIS denies it, the EAD ends immediately. If the case is referred to a judge, the EAD remains valid until the end of its validity period. If the judge denies the case and no appeal is filed with the BIA, the EAD expires after 30 days.
  • For EAD categories, see 5.2 Employment authorization (EAD / I-765) and its categories.
Source [2, 10, 11]

Bars to being granted asylum

Asylum will not be granted if one of the following is found:

  • persecuting or participating in the persecution of another person because of race, religion, nationality, social group, or political opinion;
  • a conviction for a "particularly serious crime" to an extent that poses a danger to the United States; see 12.5;
  • committing a serious, nonpolitical crime outside the United States;
  • posing a danger to the security of the United States;
  • being permanently resettled in another country before coming to the United States (firm resettlement);
  • terrorist activity or affiliation with a terrorist organization.
Source [4]

Protections other than asylum: withholding and CAT

  • Withholding of removal: you must show that it is "more likely than not" that your life or freedom would be threatened in that country because of your race, religion, nationality, social group, or political opinion.
  • If withholding is granted:
    • you cannot be sent to the country where you face the threat, but you may be sent to a safe third country;
    • your spouse and children do not automatically receive this protection; they must apply themselves;
    • it does not give you the right to bring your family to the United States or apply for a green card.
  • Convention Against Torture (CAT): protection based on the risk of torture in the country to which you would be sent. It is requested by checking the box on the first page of Form I-589.
Source [3]

Where to apply: phone numbers and addresses

  • USCIS Contact Center — asylum applications, appointments, and EAD questions
    • Phone: +1 800 375 5283 (TTY +1 800 767 1833); from outside the United States: +1 212 620 3418
    • Live support: Monday–Friday, 8:00 a.m.–8:00 p.m. (U.S. Eastern Time). Asylum offices do not accept visitors without appointments.
  • Asylum offices: USCIS asylum office locator. After the application is accepted, additional documents are sent to the asylum office where your case is located.
  • United Nations High Commissioner for Refugees (UNHCR) Washington — assistance in finding people who may be able to help with the application (listed in the USCIS instructions)
    • Address: 1800 Massachusetts Avenue NW, Suite 500, Washington, DC 20036
    • Phone: +1 202 296 5191 · Email: usawa@unhcr.org
  • Free legal assistance: EOIR list; see 12.6 Finding an attorney.
Source [3, 12, 13]

Common mistakes

  • Missing the one-year application deadline after entering the United States.
  • Sending the form to USCIS while you have a case. If you have a case, submit the form to the court.
  • Completing the form in Turkish or attaching Turkish documents without translations.
  • Submitting evidence less than 14 days before the interview.
  • Missing a biometrics or interview appointment and failing to request postponement within 10 days.
  • Ignoring the notice for the annual asylum fee.
  • Signing a form prepared by someone else without reading it or leaving inaccurate information on the form.
  • Leaving the United States without permission. A person with a pending application is considered to have abandoned it unless they first obtain advance parole; see 3.7.

Frequently asked questions

  • It has been more than one year since I arrived in the United States; can I apply? Only if there has been a change in circumstances or an extraordinary circumstance and you applied within a reasonable time. Even in this situation, you may apply for withholding or CAT protection in court. Consult an attorney.
  • Will the Turkish government learn about my application? According to USCIS, information that you applied for asylum is not provided to the government of the country where you say you fear persecution.
  • When can I work? You may apply for an EAD when your application has been pending for 150 days; the permit is issued after a total of 180 days. Delays caused by you do not count.
  • Asylum was granted; what happens next? A green card after one year, and Form I-730 for family within two years. See 3.7.
Go to the checklistFor an asylum application, check your case status, submit Form I-589 to the correct location, and follow subsequent notices.Open the list

Sources

  1. USCIS – Obtaining asylum in the United States
  2. USCIS – Asylum
  3. Form I-589 instructions (PDF)
  4. USCIS – Bars to asylum
  5. USCIS – Form I-589
  6. EOIR – Fraud prevention program
  7. USCIS – Fee schedule G-1055 (PDF)
  8. USCIS – Fiscal year 2027 fee update
  9. EOIR – Fees
  10. USCIS – 180-day EAD clock notice (PDF)
  11. USCIS – Form I-765
  12. USCIS – Contact Center
  13. EOIR – Contact

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