How Does the Affirmative Asylum Process Work — Step by Step?

Step 1: Be Physically Present in the United States

To apply for asylum through the affirmative process, you must be physically present in the US.

Step 2: Apply for Asylum — File Form I-589

File Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within 1 year of your last arrival in the United States (unless you qualify for an exception to the 1-year filing deadline under 8 CFR 208.4). Do not submit a fingerprint card (FD-258) or fingerprint fee — USCIS accepts I-589 without it. Follow the "Where to File" instructions on the Form I-589 page to determine the correct filing location.

Bars to applying: You may be ineligible if you missed the 1-year deadline, had a previous asylum application denied by an immigration judge or BIA, or can be removed to a safe third country under a bilateral or multilateral agreement. Exceptions exist for "changed circumstances" or "extraordinary circumstances" as defined in 8 CFR 208.4.

Upon receipt, USCIS will send two notices: acknowledgment of receipt, and a notice to attend fingerprinting at a nearby Application Support Center (ASC).

Step 3: Fingerprinting and Background/Security Checks

Attend your ASC appointment with the appointment notice. There is no fingerprinting fee for asylum applicants. Bring your spouse and children if they are with you in the US and are included in your application — they will also be fingerprinted if between 12 years and 9 months and 79 years of age. Background and security checks include submission of your I-589 to the State Department, biographical information to the FBI, law enforcement database checks, and biometric fingerprint processing through DHS OBIM's IDENT system.

Step 4: Receive an Interview Notice

USCIS will schedule you for an interview with an asylum officer at a USCIS asylum office or a circuit ride location (often a USCIS field office). The interview notice will state the date, location, and time. See the Affirmative Asylum Interview Scheduling page for prioritization information.

Step 5: Attend the Asylum Interview

You may bring an attorney or accredited representative (who must have filed or bring a Form G-28). Bring your spouse and children if they are included in your application as derivative beneficiaries. If you cannot proceed in English, you must bring an interpreter — USCIS does not provide interpreters at affirmative interviews except for hearing-impaired applicants. Your interpreter must be at least 18, fluent in both English and your language, and cannot be your attorney, a testifying witness, or a representative of your home country's government. The interview typically lasts about 1 hour. You may also bring witnesses.

Step 6: Asylum Officer Makes Determination

The asylum officer determines whether: you are eligible to apply for asylum; you meet the refugee definition under INA §101(a)(42)(A); and you are barred from a grant of asylum under INA §208(b)(2). A supervisory asylum officer reviews the decision for consistency with law. The supervisory officer may refer the decision to USCIS headquarters for further review in certain cases.

Step 7: Receive the Decision

In most cases, you return to the asylum office to pick up the decision 2 weeks after your interview. USCIS will mail the decision in these situations: you are currently in valid immigration status; you were interviewed at a USCIS field office; security checks are pending; or the case is under headquarters review. For the types of decisions USCIS may issue, see the Types of Affirmative Asylum Decisions article.

You can check your case status at egov.uscis.gov using your receipt number.