How to Apply for Asylum in USA
Applying for asylum in the United States can be one of the most important and emotional decisions in a person’s life. Every year, thousands of individuals seek safety and freedom from persecution in their home countries. At Immigration Universe Attorneys, we understand that behind every asylum application there is a story of courage, hope, and the desire for a better future.
Attorney Ileana Rivera and her team have guided many clients through the asylum process, helping them find security and legal protection in the United States. If you’re wondering how to apply for asylum in the USA, this guide will walk you through every step with clarity and compassion.
What Does Asylum Mean in the United States?
Asylum is a form of protection offered to people who have fled their country because of persecution or fear of persecution. In the U.S., asylum can be granted to individuals who have suffered or fear persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.
There are two main types of asylum:
- Affirmative Asylum: Filed by individuals already in the U.S. who are not in removal proceedings.
- Defensive Asylum: Filed as a defense against deportation in immigration court.
Both types aim to protect individuals who cannot safely return to their home country.
Who Qualifies for Asylum in the U.S.?
To qualify for asylum, you must:
- Be physically present in the United States.
- File your application within one year of your last arrival (exceptions apply).
- Demonstrate a well-founded fear of persecution in your country of origin.
- Show that the persecution is due to race, religion, nationality, political opinion, or membership in a particular social group.
People who have participated in persecution or committed serious crimes are generally not eligible for asylum.
Steps to Apply for Asylum in the USA (Affirmative Process)
If you are applying for asylum affirmatively (through USCIS), the process follows specific steps.
| Step | Description |
| 1 | Complete and file Form I-589 with USCIS (Application for Asylum and for Withholding of Removal). |
| 2 | Receive a receipt notice confirming your application. |
| 3 | Attend a biometrics appointment for fingerprints and background check. |
| 4 | Wait for your asylum interview notice. |
| 5 | Participate in the asylum interview with a USCIS officer. |
| 6 | Receive your decision—either asylum granted, referred to court, or denied. |
The process can take several months or years, depending on the case backlog and individual circumstances.
What to Expect During the Asylum Interview
The asylum interview is one of the most important steps in the process. During the interview, a USCIS officer will ask detailed questions about your background, reasons for leaving your country, and evidence supporting your fear of persecution.
You should bring:
- A valid identification document.
- Original copies of all evidence submitted with your application.
- Translations of documents not in English.
- Your lawyer, if you have one, for legal representation and guidance.
A well-prepared attorney can help you present your story clearly, organize your evidence, and ensure your rights are protected during the interview.
How a Lawyer Can Help You with Your Asylum Application
The asylum process can be stressful and complex. Having an experienced immigration lawyer by your side can make a significant difference.
An immigration lawyer:
- Ensures that your application is complete and accurate.
- Helps you gather and organize strong supporting evidence.
- Prepares you for your asylum interview.
- Represents you before USCIS or the Immigration Court.
- Protects your rights and helps you understand your legal options.
At Immigration Universe Attorneys, our goal is to help you present a strong, truthful, and well-documented asylum case. We take the time to understand your story and create a legal strategy tailored to your situation.
To learn more about the services we provide, visit our Immigration Services page.
Common Reasons for Asylum Denials (and How to Avoid Them)
Understanding why asylum applications are denied can help you avoid mistakes. Common reasons include:
- Inconsistent or incomplete statements.
- Lack of supporting evidence.
- Failure to apply within one year of arrival.
- Prior participation in persecution.
- Criminal history or security concerns.
Working with a qualified immigration lawyer ensures that your application is properly supported, consistent, and credible.
Can You Apply for a Work Permit While Your Asylum Is Pending?
Yes, you can apply for a work permit if your asylum case has been pending for 150 days or more since you filed Form I-589. You will need to submit Form I-765 (Application for Employment Authorization) to USCIS.
Once approved, you can legally work in the U.S. while waiting for your asylum decision.
What Happens After Your Asylum Is Approved?
If your asylum is approved, you will be allowed to live and work legally in the United States. After one year, you may apply for a green card (lawful permanent residence).
You can also petition to bring your spouse and unmarried children under 21 to the U.S. through a process known as “derivative asylum.”
After holding a green card for four years, you may be eligible to apply for U.S. citizenship through naturalization.
When to Seek Legal Help
If you are considering applying for asylum or if your case has already been referred to immigration court, seek legal help immediately. Timing and preparation are critical in asylum cases.
Attorney Ileana Rivera and her team at Immigration Universe Attorneys will guide you through every stage of your case, from the initial application to representation in court if necessary.
To schedule a confidential consultation, contact our office in Orlando, Florida:
Phone: +1 (407) 818-1244
Email: service@immigration-uni.com
Address: 7901 Kingspointe Blvd, Ste. 8, Orlando, FL 32819
WhatsApp: +1 (407) 720-8983
Frequently Asked Questions (FAQs)
- How long does it take to get asylum in the USA?
Processing times vary depending on the USCIS office and case backlog. Some cases may take several months, while others can take years to resolve. - Can I include my family in my asylum application?
Yes. You can include your spouse and unmarried children under 21 years old who are in the U.S. with you at the time of filing. - Do I need a lawyer to apply for asylum in the U.S.?
You can file the application yourself, but working with an immigration lawyer increases your chances of success and helps you avoid mistakes that could delay your case.
