The following steps explain how you apply for asylum in the United States through the affirmative asylum process. The information in this section will not apply to you if you are seeking asylum through:
STEP 1: Arrive in the U.S.
To apply for asylum in the U.S., you must be physically present in the U.S.
STEP 2: Apply for Asylum
To apply for asylum, you should fileForm 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).
If you fail to file Form I-589 within 1 year of your arrival in the United States,youmaynot beeligibleto apply for asylumundersection 208(a)(2)(B) of the Immigration and Nationality Act (INA).
Do not submit a completed fingerprint card (FD-258) or fingerprint fee with yourForm I-589.We will accept yourForm I-589withoutan attachedfingerprint card.
Todetermine where tofile yourForm I-589, follow the instructions underthe “Where to File”sectionon ourForm I-589 page.
For information on asylum eligibility, see theAsylum Eligibility and Applicationspage.
Bars to Applying for Asylum
You may not be eligible to apply for asylum if you:
- Did not follow the one-year filing deadline forForm I-589, Application for Asylum and for Withholding of Removal. The 1-year deadline is calculated from the date of your last arrival in the U.S. or April 1, 1997, whichever is later;
- Had a previous asylum application denied by an immigration judge or the Board of Immigration Appeals; or
- Can be removed to a safe third country under a 2-party or multi-party agreement between the United States and other countries.
There are exceptions to these bars for “changed circ*mstances” or “extraordinary circ*mstances.”
Both are defined in 8 CFR 208.4. For more information on the bars and the exceptions, see ourAsylum Barspage.
Once USCIS has received the completed application, you will receive 2 notices:
- Acknowledgment of receipt of your application, and
- Notice to visit your nearest application support center (ASC) for fingerprinting.
For more information on locating an ASC, see ourUSCIS Service and Office LocatorWeb page.
STEP 3: Fingerprinting and Background/Security Checks
You should read the ASC Appointment Notice and take it with you to your fingerprinting appointment at the ASC. You do not need to pay a fingerprinting fee as an asylum applicant.
If you are also requesting asylum status for your spouse and children and they are with you in the United States, they will need to go with you to your ASC appointment.
More information is available on our Preparing for Your Biometric Services Appointment page.
STEP 4: Receive anInterview Notice
Depending on where you live, we will schedule you for an interview with an asylum officer at either a USCIS asylum office or a circuit ride location, which is often a USCIS field office. For more information about USCIS field and asylum offices, visit ourFind A USCIS Officepage. Your interview notice will tell you the date, location, and time of your asylum interview.
SeeAffirmative Asylum Interview Schedulingfor more information.
STEP 5: Interview
You may bring an attorney or accredited representative to the interview. You must also bring your spouse and any children seeking derivative asylum benefits to the interview.
If you cannot proceed with the interview in English you must bring an interpreter.
The interview will generally last about 1 hour, although the time may vary depending on the case. You may also bring witnesses to testify on your behalf.
For more information about your asylum interview, see our Web page on Preparing for Your Asylum Interview.
STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision
You must meet the definition of a refugee in order to be eligible for asylum.
The asylum officer will determine whether you:
- Are eligible to apply for asylum;
- Meet the definition of a refugee in section 101(a)(42)(A) of the INA;and
- Are barred from being granted asylum under section 208(b)(2) of the INA.
A supervisory asylum officer reviews the asylum officer’s decision to ensure it is consistent with the law. Depending on the case, the supervisory asylum officer may refer the decision to asylum division staff at USCIS headquarters for additional review.
STEP 7: Receive Decision
In most cases, you will return to the asylum office to pick up the decision 2 weeks after the asylum officer interviewed you.
Longer processing times may be required if you:
- Are currently in valid immigration status;
- Were interviewed at a USCIS field office;
- Have pending security checks; or
- Have a case that is being reviewed by asylum division staff at USCIS headquarters.
We will normally mail your decision to you in these situations.
For more information on the types of asylum decisions issued by USCIS, see our webpage on Types of Asylum Decisions.
Additional information on the affirmative asylum process is available on our Resources for Asylum Applicantspage.
You can check your Case Status Online. All you need is the receipt number that we mailed you after you filed your application.
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