How does the asylum process work in the United States?

Asylum provides protection to foreign nationals who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. There are two ways to apply: affirmative asylum (proactively applying while in valid status or within one year of entry) and defensive asylum (raised as a defense during removal proceedings).

For affirmative asylum, file Form I-589 with USCIS within one year of arriving in the US. USCIS schedules an interview with an asylum officer. If approved, you receive asylum status and can apply for a green card one year later. If denied, the case is referred to immigration court for defensive proceedings. You cannot file for asylum if you arrived from a safe third country where you could have sought protection.

Asylum seekers may apply for work authorization 150 days after filing a complete asylum application. The process can take years due to backlogs in USCIS asylum offices and immigration courts. Asylum is granted individually and does not cover relatives unless they are included in the same application or file separately.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.