Asylum in the USA

For many people fleeing danger, asylum in the USA is a form of legal protection that allows a person to remain in the country when they can show that they cannot safely return home because they would be persecuted due to their race, religion, nationality, political opinion, or membership in a particular social group.

This benefit stops deportation, authorizes you to remain in the country lawfully and, over time, can open the door to lawful permanent residence (a Green Card). It is not just about “telling your story”: it requires evidence, consistency, and compliance with rules such as the one-year filing deadline to submit Form I-589.

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In this guide you will see how affirmative asylum and defensive asylum work, what types of evidence are commonly used, how credible fear and reasonable fear interviews fit into the process, and what alternatives may exist when you do not meet all the requirements of traditional asylum.

How asylum in the USA works in 2026

In simple terms, asylum in the USA is a protection granted to people who are already inside the country and can show a well-founded fear of persecution for specific reasons that are protected under the law.

It is only available to individuals who are physically present in the United States and are afraid to return to their home country for one of those protected reasons. If you are still outside the country and seeking protection, what applies is to request refugee status in America, not asylum.

What counts as “persecution”

In immigration law, “persecution” means serious harm or real threats, not just general insecurity. Common examples include extreme physical violence, kidnappings, torture, repeated death threats, or attacks that the authorities cannot or will not stop.

Short example: A person who is beaten and threatened with death by an armed group because of their opinions, and who receives no protection from the State, is much closer to the persecution standard than someone exposed only to general crime.

Basic requirements to apply for political asylum in the USA

To request political asylum in the USA, you must meet, among others, the following basic criteria:

1. Be physically present in the United States, regardless of how you entered.
2. Not be a U.S. citizen.
3. Show past persecution or a real fear of future persecution for one of the 5 protected grounds.
4. File Form I-589 within the first year of your arrival, unless an exception applies.

Practical example: An applicant who entered with a tourist visa six months ago, has evidence of threats due to their political opinion and files Form I-589 within the one-year deadline, fits the basic requirements much better than someone who only fears general street crime.

Exceptions to the one-year deadline

You may apply for asylum after the first year if you can show there were changes in your country (a new government, increased violence against your group, new laws) or extraordinary personal circumstances (serious illness, severe trauma, being an unaccompanied minor, inadequate legal advice, or another serious cause outside your control).

Who you can include in your application

On Form I-589 you may add your spouse and unmarried children under 21 years of age as derivatives, as long as they are in the United States when you file your application.

If you had a credible fear interview

Those who enter through the border and pass a credible fear interview often have an easier time justifying the one-year deadline, because from the beginning the government records that the person stated an intention to apply for asylum.

How to apply for asylum in the USA step by step (affirmative process)

Affirmative asylum is the standard process for people who are not in removal proceedings and file their case directly with USCIS.

1. Complete Form I-589. The USCIS Form I-589 is the official application to request asylum and protection under the Convention Against Torture (CAT). It has a filing fee and must be filed within the first year from your last entry, unless an exception applies.
2. Gather evidence. Medical or police reports, news articles about your country, witness statements, messages and threats with dates and context all help support your case.
3. File the application with USCIS. Submit the I-589 with your initial evidence and include your eligible spouse and children. You will receive a receipt notice.
4. Attend biometrics. USCIS will schedule you for fingerprinting and a background check.
5. Go to your asylum interview. An asylum officer will evaluate your credibility, ask detailed questions, and review the evidence. You may attend with an attorney and with a qualified interpreter if you are not fluent in English.

How to strengthen your asylum case

• Save and organize evidence. Medical reports, complaints, messages, and screenshots with dates make your story stronger.
• Write a clear and chronological statement. Explain what happened, who persecuted you, when, where, and why.
• Use up-to-date information about your country. Attach recent reports and keep the same version of events in your application, interviews, and hearings.
• Do not memorize or exaggerate. Over-rehearsed or embellished stories raise doubts. Honest testimony, told naturally, is often more convincing.

Defensive asylum: when you are already in removal proceedings

Defensive asylum is requested when a person is already in removal proceedings before an immigration judge (EOIR) and uses asylum as a defense to avoid deportation.

• It is used when USCIS denies an affirmative asylum case and sends it to court, when a person is detained at the border and passes a credible fear interview, or when ICE opens a removal case for status violations or certain criminal records.
• Defensive asylum is filed with Form I-589 directly in immigration court, unless there is already a pending application.
• There will be hearings such as the Master Hearing (preliminary) and the Individual Hearing (merits), where the judge will examine credibility, evidence, witnesses, and country reports.

If you need to understand other defenses once your case is already in court, review our guide on cancellation of removal, which may be an alternative in some situations.

Differences between affirmative and defensive asylum

Aspect	Affirmative asylum	Defensive asylum
Decision-maker	A USCIS asylum officer.	An immigration judge (EOIR).
When it is used	When the person is not in removal proceedings.	When there is already a removal case or the file has been sent to court.
Type of process	Non-adversarial interview, no trial attorney present.	Adversarial hearing, with a DHS trial attorney.
Interpreter	The applicant must bring their own interpreter.	The court provides an interpreter at no cost.

Credible fear and reasonable fear: what you should know

When a person is detained at the border or placed in expedited removal, an asylum officer conducts an initial interview to decide whether the case may move forward toward protection. Depending on the type of process, it may be a credible fear or a reasonable fear interview.

Credible fear

This applies in expedited removal. The USCIS credible fear review determines whether there is a significant possibility that the person may qualify for asylum or related protection. It does not require complete evidence, but it does require a clear and consistent account.

Short example: If an applicant explains direct threats due to their political opinion and lack of state protection, they will usually meet the credible fear standard.

Reasonable fear

This applies in more complex situations, such as people with a reinstated prior removal order or with certain serious convictions that bar them from regular asylum. The standard is higher: you must show a reasonable possibility of persecution or torture if returned. It usually leads to withholding of removal or CAT, not asylum.

How to respond in these interviews

• Explain clearly what happened, who is persecuting you, and why.
• Mention dates, locations, and specific details.
• Avoid general statements like “there is a lot of violence in my country.”
• If you do not understand a question, ask that it be repeated before you answer.

To learn more about an alternative protection when asylum is not granted, see our section on withholding of removal.

Advantages and disadvantages of political asylum

Applying for political asylum can open the door to important protections, but it also involves long timelines and demanding evidentiary requirements. In summary:

Advantages

• Protection from deportation to the country where you fear persecution.
• Work authorization through an EAD while your case is pending.
• Access to lawful permanent residence (Green Card) after one year as an asylee.
• Family reunification through Form I-730 for your spouse and minor children.

Disadvantages

• Long wait times at USCIS and in the courts.
• Heavy burden of proof: credible testimony and documentation are required.
• Risk of court proceedings if USCIS denies the case while you do not have lawful status.
• Travel limitations while the case is pending and even after asylum is granted.

Short example: A person who files a case with inconsistencies or very little evidence may face a denial and referral to court, even if their story is true. Preparation and consistency usually matter more than the sheer volume of documents.

How long asylum lasts and when to apply for a Green Card

Asylum in the USA is an indefinite status as long as you remain eligible. The government may try to revoke it if you voluntarily return to the country where you said you feared persecution, commit certain serious crimes, or if conditions in your country change drastically.

How to request asylum in the USA from Mexico

Political asylum in the United States from Mexico cannot be requested while you are only in Mexican territory. The law requires that the applicant be inside the United States or appear at a port of entry.

In practice, the most common options are:

• Appear at a port of entry and tell CBP that you fear returning to your country; if certain criteria are met, you may be referred to a credible fear interview.
• Enter the United States and request asylum from within the country by filing Form I-589 within the first year (affirmative asylum) or, if you are detained and placed in expedited removal, continue the process before a judge (defensive asylum).
• Evaluate alternatives such as humanitarian parole, U or T visas, or family-based permanent residence when appropriate.

Asylum for Mexicans and other Latin Americans

Applications for political asylum for Mexicans and other Latin Americans have increased, but many cases are reviewed more strictly because the violence is often described as “general insecurity,” which by itself is not enough to win asylum. It is crucial to show the connection to a protected ground.

• In many cases, applicants rely on the ground of particular social group (threatened families, activists, people who refuse to cooperate with criminal organizations).
• Authorities analyze attempts to seek police protection and how effective the State’s response was.
• Cases from Central and South America often involve gangs, organized crime, LGBTIQ+ individuals, or clearly identified families.

Short example: A family threatened with extortion may have a strong case if they show that the police do not intervene, that threats are direct and repeated, and that the criminal group has real control over the area.

If a relative has been detained after crossing the border, it is important to act quickly. Review our guide on what to do if ICE shows up and how to respond in immigration court.

Who can apply for political asylum in the USA

Anyone from any country may apply for political asylum in the USA as long as they meet the legal requirements. There is no closed list of nationalities: what matters is that the government of your country cannot or will not protect you and that there is a direct connection to one of the 5 protected grounds.

In situations involving crimes, trafficking, or cooperation with law enforcement, alternatives such as the U visa may also be considered.

How to bring your family through asylum (Form I-730)

If you have already been granted asylum in the USA, the law allows you to reunite with your immediate family members through Form I-730, known as the refugee/asylee relative petition. This option is available for your spouse and unmarried children under 21, as long as the relationship existed before your asylum was approved.

In general, you have two years from the approval of asylum to file Form I-730. You must attach evidence of the relationship (marriage certificates, birth certificates, photos, sworn statements). If the relative is outside the United States, the case will be sent to a consulate for a medical exam and interview before travel.

If your family member is detained or has an active immigration case, you may also consider options such as immigration bail bonds.

Work authorization based on asylum: key points about the EAD

In simple terms, you may request a work permit based on asylum once at least 150 days have passed since you filed your Form I-589 and your case is still pending without delays caused by you.

People who apply for asylum may work legally in the United States if they obtain an Employment Authorization Document (EAD) using Form I-765.

• After filing Form I-589, the so-called “Asylum Clock” begins to run.
• 150 days must pass without applicant-caused delays before you can request a work permit.
• In general, USCIS cannot approve the EAD until 180 days have passed since the asylum application was filed, as long as the clock has not stopped.

Practical example: If you filed your asylum case on January 1 and have not requested postponements or missed appointments, around the end of May you could file Form I-765 for your EAD. If the clock has not stopped, by the end of June USCIS could already approve your work permit.

EAD renewals are also filed using Form I-765 and generally require a fee. In some categories, USCIS grants a temporary automatic extension while the renewal is processed. Keeping your address updated is crucial so you receive notices and cards.

If you are evaluating how family members’ immigration history might affect your options, review our guide on U.S. citizen children petitioning for their parents.

If you do not qualify for asylum: withholding of removal and CAT

If the government finds that you do not qualify for asylum, you may still be eligible for other protections such as withholding of removal and protection under the Convention Against Torture (CAT). These do not grant a Green Card or allow you to petition relatives, but they do prevent deportation to the country of risk and may allow you to work.

• Withholding of removal: you must show a more than 50% probability of persecution if returned to your country.
• CAT protection: focuses on the risk of torture with the involvement, consent, or deliberate indifference of the government.

Short example: A person who was previously tortured by state forces may obtain CAT protection even if they do not fully meet all the technical requirements for traditional asylum.

For other defenses available in immigration court, review our guide on the different types of deportation in the U.S..

Common mistakes that lead to denials

• Filing after the one-year deadline without supporting evidence of country-condition changes or extraordinary circumstances.
• Failing to show a protected ground and relying only on “general insecurity” or ordinary crime.
• Inconsistencies in the story between the form, the interview, and the hearing (dates, locations, people involved).
• Lack of basic evidence where it would be possible to provide country reports, messages, photos, or medical or police records.
• Exaggerated or memorized statements that sound unnatural and damage credibility.
• Missing appointments or interviews, which may lead to a denial or even an in absentia removal order. To understand how certain records affect your case, see our guide on immigration deportable offenses.

Frequently asked questions about political asylum in the USA

Can a tourist apply for asylum?

Yes. Even if you entered with a tourist visa, you may apply for asylum as long as you file Form I-589 within the first year. For more details about status changes, review our guide on getting a Green Card after entering with a tourist visa.

Can I work while I wait for my asylum case?

Yes. You may apply for an EAD 150 days after filing Form I-589, and USCIS may approve it at 180 days if the “Asylum Clock” has not stopped.

Are asylum and a Green Card the same thing?

No. You must first obtain asylum. After one year in asylee status, you may apply for permanent residence by filing Form I-485.

What happens if USCIS denies my asylum case?

If you do not have lawful status, your case will be sent to an immigration judge, where you may apply for defensive asylum or alternatives such as withholding of removal or CAT protection, depending on your record and the risks you face.

Quick checklist to prepare your asylum case

• Confirm that you are within the one-year filing deadline or that you qualify for a justified exception.
• Identify clearly which of the 5 protected grounds applies to your case.
• Draft a clear, chronological, and consistent personal statement.
• Gather basic evidence: medical or police reports, messages, threats, photos, and recent reports about your country.
• Keep copies of everything you send to USCIS or present in court.
• Prepare for interviews and hearings, avoiding exaggerations or unjustified changes in your story.
• Consult an immigration lawyer if you have criminal records, prior removals, or doubts about your eligibility.

Asylum lawyers in Los Angeles ready to help

The asylum process is demanding: interviews, hearings, the one-year deadline, evidence, and preparation all require strategy and technical knowledge. Having experienced legal representation can make the difference between approval and denial.

At Lluis Law, our immigration lawyers in Los Angeles have spent decades representing applicants in:

• Affirmative and defensive asylum cases.
• Credible fear and reasonable fear interviews.
• Merits hearings before immigration judges.
• Derivative family petitions (Form I-730).
• Complementary defenses such as withholding of removal and CAT.

We can be especially helpful if your case has inconsistencies or limited initial evidence, if you are in removal proceedings, if you filed asylum after the one-year deadline, or if you need to document trauma, medical conditions, or psychological effects. We also assist clients who want to appeal a denial or explore other forms of legal protection.

If your situation requires an additional humanitarian approach, you may also consider options such as humanitarian parole in special cases.

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Contact us for a personalized evaluation. Our goal is to provide complete and strategic representation to maximize your chances of success in your asylum case.