Asylum
Asylum is legal protection that lets a person who is already in the United States, or at a port of entry, stay because they were persecuted or fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
How it works
You generally must apply within one year of your last arrival in the US, with limited exceptions. An affirmative application goes to USCIS on Form I-589. A defensive application is made before an immigration judge at EOIR during removal proceedings.
Asylum is different from refugee status, which is granted to people while they are still outside the US. After one year as an asylee, you can usually apply for a green card.
Asylum cases are complex and the rules have changed often in 2025 and 2026. Talk to a licensed immigration lawyer or a DOJ-accredited representative before filing. See refugee and asylee green cards and humanitarian options.
Frequently asked questions
How long do I have to apply for asylum?
Generally one year from your last arrival in the US. Exceptions exist for changed or extraordinary circumstances.
Can I work while my asylum case is pending?
You may be able to request a work permit after your case has been pending for a set period. Check the current rules on the USCIS asylum page.
What is the difference between asylum and refugee status?
Refugees apply from outside the US. Asylum seekers apply from inside the US or at the border.
Official sources
- USCIS: Asylumuscis.gov
- USCIS: Form I-589uscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.