Asylum protects a person who is in the United States and cannot return home because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, political opinion or membership in a particular social group. An asylum application is filed on Form I-589, either affirmatively with the USCIS Asylum Office or defensively before an immigration judge in removal proceedings. An approved asylee can work, can petition for a spouse and children, and can apply for a green card after one year.
The Law Offices of Brian D. Lerner represents asylum applicants at USCIS asylum interviews, in immigration court, before the Board of Immigration Appeals and in the federal courts of appeals, from its office at 3233 E. Broadway in Long Beach and for clients nationwide, including detained clients. Brian D. Lerner has practiced immigration law for more than 30 years and is a Certified Specialist in Immigration and Nationality Law, certified by the State Bar of California Board of Legal Specialization. He is licensed in California, Texas and Michigan.
What an asylum case has to prove
The applicant must show past persecution or a well-founded fear of future persecution, and that one of the five protected grounds was at least one central reason for it. Harm by private actors, such as gangs, cartels or family members, counts only if the government is unable or unwilling to control them. The applicant must also show that he or she could not reasonably avoid the harm by relocating within the home country. Most cases are won or lost on credibility and on the strength of the evidence connecting the harm to a protected ground, so the declaration, the country-conditions record and any corroborating documents have to be consistent and specific.
The one-year filing deadline
Asylum must generally be filed within one year of the applicant’s last arrival in the United States. Late filing is excused only for changed circumstances that materially affect eligibility, such as a change in conditions at home, or for extraordinary circumstances related to the delay, and even then the application must be filed within a reasonable time. A person who missed the deadline may still qualify for withholding of removal or protection under the Convention Against Torture.
Asylum, withholding of removal and the Convention Against Torture
Withholding of removal under INA § 241(b)(3) has no filing deadline but requires showing that persecution is more likely than not. It prevents removal to the country of feared persecution but does not lead to a green card and does not cover family members. Protection under the Convention Against Torture requires showing it is more likely than not the applicant would be tortured by, or with the acquiescence of, a public official, and it is available even to people barred from asylum and withholding. A well-prepared case presents all three forms of relief.
Bars to asylum
An applicant is barred from asylum if he or she persecuted others, was convicted of a particularly serious crime, is considered a danger to U.S. security, was firmly resettled in another country before arriving, or can be removed to a third country under a safe third country or asylum cooperative agreement. Criminal history, prior travel and prior applications in other countries must be reviewed before filing.
Affirmative and defensive asylum
A person who is not in removal proceedings files affirmatively with USCIS and is interviewed by an asylum officer. If the officer does not grant the case, it is referred to immigration court. Under a DHS rule effective July 28, 2026, an asylum officer can now refer a case to court without interviewing the applicant at all. See USCIS Can Now Send Your Asylum Case to Immigration Court Without an Interview. A person already in removal proceedings files defensively with the immigration judge, and the case is decided at an individual hearing with testimony and cross-examination by the government.
Asylum fees and work permits
Under H.R. 1, asylum applicants now pay a filing fee and an annual asylum fee for each year the application remains pending, adjusted for inflation each fiscal year. USCIS rejects a pending I-589 if the annual fee is not paid within 30 days of notice, which can end the asylum-based work permit and expose the applicant to removal proceedings. An applicant can request a work permit only after the application has been pending for the period set by regulation, and DHS has proposed lengthening that waiting period substantially. Because these rules have changed repeatedly, we confirm the current fee and work permit rules for each client at filing.
Asylum FAQs
Can I include my family in my asylum application?
A spouse and unmarried children under 21 who are in the United States can be included as derivatives on the principal applicant’s I-589. Family members abroad can be petitioned for on Form I-730 after asylum is granted.
Can I travel after applying for asylum?
Leaving the United States without advance parole while an asylum application is pending is generally treated as abandoning the application. Returning to the country of feared persecution, even with advance parole, can seriously damage the claim.
When can an asylee get a green card?
An asylee can apply for permanent residence on Form I-485 after one year of physical presence in the United States following the grant of asylum.
What if conditions in my country have changed?
Changed country conditions can cut both ways. They can excuse a late filing, but improved conditions can also be used by the government to rebut a presumption of future persecution. See Maduro Is Gone. Does That Kill Your Venezuelan Asylum Case?
Related: deportation and removal defense, U visas for victims of crime, and work permit applications.
Talk to an asylum lawyer
Book a consultation in person at 3233 E. Broadway, Long Beach, or by phone or video from anywhere in the country. You can also call (562) 495-0554. Hablamos español.