Asylum is a protection status granted to individuals physically present in the U.S. who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. It can be filed affirmatively with USCIS or defensively during removal proceedings.
Must be physically present in the U.S.
Must file within 1 year of arrival (unless exception applies)
Must demonstrate a well-founded fear of persecution
Not barred due to serious criminal activity, firm resettlement, or security concerns
Form I-589 (Asylum Application)
Affidavit explaining fear of return
Country condition reports
Medical, police, or psychological evidence (if applicable)
Identity documents (passport, birth certificate, etc.)
Proof of entry and visa (if applicable)
Affirmative Asylum (USCIS): 6 months to several years (delays common)
Defensive Asylum (EOIR): Depends on court backlog; 1–5 years typical
No government filing fee for asylum application (Form I-589)
