Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion. If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum affirmatively, file Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States.
You have suffered persecution or fear persecution due to race, religion, nationality, membership in a particular social group, or political opinion
You file within 1 year of your arrival to the United States (with limited exceptions)
You are not in removal proceedings before an immigration judge
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Regulatory Criteria
Protected Grounds for Asylum
You may seek asylum if you have suffered persecution or fear persecution due to one or more of the following protected grounds:
Examples
Race
Religion
Nationality
Membership in a particular social group
Political opinion
Filing Requirements
You must be physically present in the United States and file Form I-589 within 1 year of your arrival, unless you qualify for an exception to the filing deadline.
Examples
Must be physically present in the United States
Must not be a U.S. citizen
Must file Form I-589 within 1 year of arrival (with limited exceptions)
May file online or by mail depending on your situation
Cannot file online if in proceedings before immigration court or BIA
Including Family Members
You may include your spouse and children who are physically present in the United States as dependents on your affirmative asylum application.
Examples
Spouse may be included as a dependent
Children must be under 21 years old and unmarried to be included
Dependents may be added at time of filing or any time until final decision
Each dependent is included on your Form I-589
Employment Authorization (180-Day EAD Clock)
You are generally eligible for an Employment Authorization Document (EAD) when your asylum application has been pending for 180 days. You may file Form I-765 after 150 days.
Examples
May file Form I-765 after 150 days of pending application
EAD eligibility begins at 180 days (the 180-Day Asylum EAD Clock)
Applicant-caused delays do not count toward the 180-day period
If approved, EAD valid for up to 5 years
If granted asylum, you are immediately authorized to work
Delays That Stop the 180-Day EAD Clock
Certain delays that you request or cause while your asylum application is pending do not count toward the 180-day eligibility period for employment authorization.
Examples
Asking to transfer case to new asylum office or interview location
Asking to reschedule interview for a later date
Failing to appear at interview or biometrics appointment
Failing to provide a competent interpreter at interview (if required)
Asking to provide additional evidence at or after interview
Submitting large volumes of evidence immediately before interview that requires reschedule
Failing to receive and acknowledge asylum decision in person (if required)
After Asylum Decision
Your employment authorization status depends on whether your asylum application is granted, denied, or referred to immigration court.
Examples
If granted asylum: Immediately authorized to work without EAD
If granted: USCIS will mail an EAD to your address of record
If denied: Employment authorization terminates when EAD expires or 60 days after denial (whichever is later)
If referred to immigration judge: EAD remains valid through expiration date
Bringing Family to the United States
If you are granted asylum, you may petition to bring your spouse and children to the United States by filing Form I-730, Refugee/Asylee Relative Petition.
Examples
File Form I-730, Refugee/Asylee Relative Petition
Must file within 2 years of being granted asylum
Deadline may be excused for humanitarian reasons
No fee to file this petition
Child must be under 21 and unmarried
Path to Permanent Residence (Green Card)
You may be approved for a Green Card 1 year after being granted asylum by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Examples
Eligible to apply for Green Card 1 year after asylum grant
File Form I-485 for yourself
Submit separate I-485 for each family member with derivative asylum
Adjustment of status to lawful permanent resident
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Application Process
Determine Eligibility
Confirm you have suffered or fear persecution based on protected grounds.
File Form I-589
Submit Application for Asylum and for Withholding of Removal within 1 year of arrival.
Biometrics Appointment
Attend appointment for fingerprints and photographs.
Asylum Interview
Attend interview with asylum officer at USCIS asylum office.
Decision
Receive decision: grant, denial, or referral to immigration court.
If Granted
Receive asylum status and work authorization.
Petition for Family
File Form I-730 within 2 years to bring spouse and children.
Apply for Green Card
File Form I-485 after 1 year of asylum status.
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Key Benefits
Permission to remain in the United States
Work authorization (immediately upon grant, no EAD required)
Ability to petition for spouse and children to join you
Path to lawful permanent residence (Green Card) after 1 year
Protection from removal to the country of persecution
Access to certain public benefits
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Documents Needed
Form I-589, Application for Asylum and for Withholding of Removal
Passport or other travel document
Evidence of identity (birth certificate, national ID)
Evidence of persecution or fear of persecution
Country condition reports or news articles
Medical or psychological evaluations (if applicable)
Affidavits from witnesses
Photographs
Any prior immigration documents
Form I-765 for employment authorization (after 150 days)
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Frequently Asked Questions
What is the difference between affirmative and defensive asylum?
Affirmative asylum is when you apply for asylum with USCIS while not in removal proceedings. Defensive asylum is when you apply for asylum as a defense against removal in immigration court. If your affirmative asylum application is not granted and you are not in lawful status, your case may be referred to immigration court.
How long do I have to file for asylum?
You must file Form I-589 within 1 year of your arrival to the United States, unless you qualify for an exception to the filing deadline based on changed circumstances or extraordinary circumstances.
Can I work while my asylum application is pending?
You may apply for employment authorization after your asylum application has been pending for 150 days, and you become eligible for an EAD after 180 days. Delays you cause do not count toward this period. If granted asylum, you are immediately authorized to work.
Can I include my family on my asylum application?
Yes. You may include your spouse and unmarried children under 21 who are physically present in the United States as dependents on your application. They may be added at filing or any time before a final decision.
What happens if my asylum application is denied?
If your affirmative asylum application is denied and you are not in lawful immigration status, your case will be referred to immigration court where you may apply for defensive asylum. Your employment authorization terminates when your EAD expires or 60 days after denial, whichever is later.
Can I travel outside the United States with a pending asylum application?
Travel outside the United States with a pending asylum application may result in abandonment of your application. Consult with an immigration attorney before traveling.
How do I bring my family to the United States after being granted asylum?
You may file Form I-730, Refugee/Asylee Relative Petition, within 2 years of your asylum grant to petition for your spouse and unmarried children under 21. There is no fee for this petition.
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Fees
Full Service Fee (Initial Installment: $1,325)
$5,900
FedEx Fee
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Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.