AFFIRMATIVE ASYLUM AT A GLANCE

Courtesy of USCIS History Office and Library

STEP SIX: Asylum Officer Makes Eligibility Determination 

and Supervisory Asylum Officer Reviews Decision

The Asylum Officer determines whether the applicant meets

the definition of a refugee in INA § 101(a)(42)(A) and if a bar 

from being granted asylum under INA § 208 (b)(2) applies.

A Supervisory Asylum Officer reviews the Asylum Officer’s

decision to determine if it is consistent with the law.

STEP SEVEN: Applicant Receives Decision

In most cases, the applicant returns to the Asylum Office to pick 

up the decision two weeks after the interview was conducted. 

The applicant will generally receive the decision 60 days after 

the filing date.

Case decisions may be delayed, however, due to pending 

security or background checks. Longer processing times also 

may be required for an applicant who is currently in valid 

status, wasinterviewed at a District Office, or whose case is 

being reviewed by Asylum Division Headquarters staff. The 

decision is generally mailed to the applicant in these situations.

ADDITIONAL RESOURCES

You have a right to 

provide your own 

legal representation at 

an asylum interview, 

at no cost to the U.S. 

Government.You may

obtain a list of pro bono 

(free or reduced cost) 

attorneys or communitybased, non-profit 

organizations that may be 

available to assist you by:

• Viewing our webpage that providesinformation

on free legal advice.

• Calling the forms request line at 1-800-870-3676.

• Visiting the United States Department of Justice

Executive Office for Immigration

Review website at http://www.usdoj.gov/eoir.

• Contacting the Asylum Office or District Office

near your home.

Representatives of the United Nations High 

Commissioner for Refugees (UNHCR) may be able to 

assist you in identifying persons to help you complete 

your Form I-589. To contact the UNHCR

call (202) 296-5191 or visit http://www.unhcr.org.

For more information about the topics 

discussed in this pamphlet, please visit:

http://www.uscis.gov/asylum 

or call 1-800-375-5283

M-756 (09/2012) N

PROTECTION • INTEGRITY • SERVICE 

USCIS Asylum

Program

Information Guide

for Prospective Asylum

Applicants

OVERVIEW OF ASYLUM PROCESS

Every year people come to the United States seeking 

protection because they have been persecuted or fear

they will be persecuted on account of their race, religion, 

nationality, membership in a particular social group,

or political opinion.Those found eligible for asylum may 

be permitted to remain in the United States.

What is asylum?

Asylum is a form of protection from removal to a country of 1 feared persecution that allows an eligible refugee to remain in 

the United States and eventually to become a lawful permanent 

resident.

Who can apply for asylum?

Non-U.S. citizens who are physically present in or arrive in the 

United States, whether or not at a designated port of arrival,

may apply.

When must I apply for asylum?

Generally you must apply for asylum within one year of your 

last arrival into the United States. Exceptions may apply such as 

(1) changed circumstances in your home country that affect 

your eligibility or (2) extraordinary circumstances related to 

your lateness in filing.

Can I apply for asylum if I am here illegally?

Yes. You may apply regardless of your immigration status as 

long as you file your application within one year of your last 

arrival or demonstrate that you are eligible for an exception to 

that rule.

Can I apply if I was convicted of a crime?

Yes. However, you may be barred from being granted asylum 

depending on the crime.

Can I be barred from applying for or being granted asylum?

You may be barred from applying for asylum if you previously 

applied for asylum and were denied by an immigration judge 

or the Board of Immigration Appeals, if you did not apply

within one year of your last arrival, or if you could be removed 

to a safe third country pursuant to a bilateral or multilateral 

agreement.You may be barred from a grant of asylum due to 

certain criminal activities, security-related grounds, or if you 

have been involved in the persecution of others or were already 

firmly resettled in another country. Certain exceptions may 

apply. If you are barred from applying for asylum, however, you 

may still be entitled to withholding of removal, another more 

limited form of protection that can be granted

in removal proceedings.
FREQUENTLY ASKED QUESTIONS ABOUT THE ASYLUM PROCESS

How do I apply for asylum?

To apply for asylum, you will need to complete Form I-589, 

Application for Asylum and forWithholding of Removal, and follow 

the instructions carefully. Forms are available online at 

http://www.uscis.gov/forms and also by calling the forms 

request line at 1-800-870-3676.

What is the fee to apply for asylum?

There is no fee to apply for asylum.

Can I include my spouse and children on my case?

Your spouse and children who are in the United States may be

included on your application at the time you file or at any 

time until a final decision is made on your case. A child must 

be under 21 and unmarried to be included as a dependent on 

your application.You should bring these dependents with you 

to your asylum interview.

Am I subject to security and background checks 

if I apply for asylum?

Yes. Every individual who applies for asylum is subject to 

background and security checks. Depending on the results of 

these checks, you may be found ineligible for a grant of asylum.

Will I be fingerprinted if I apply for asylum?

Yes. After you have filed your asylum application, you will 

receive a notice in the mail with the time, date, and location to 

have your fingerprintstaken at an Application Support Center.

Can I work after I file for asylum?

You cannot apply for work authorization at the same time 

you apply for asylum. However, you can apply for work 

authorization if 150 days have passed since you filed your 

complete asylum application, excluding any delays caused 

by you, and no decision has been made on the application.

Excerpts from the sonnet,“The New Colossus,” written by Emma Lazarus in 1883.A bronze plaque of the inspiring poem was placed on the inner walls of the Statute of Liberty’s pedestal in 1903.

Additionally, if granted asylum status, you are authorized to 

work assoon as your asylum case has been approved.

Can I travel outside the United States after I file for asylum?

If you must travel outside the United States before a final 

decision has been made in your asylum case, you must receive 

advance permission, also called Advance Parole, before leaving 

the United States in order to return. If you fail to obtain 

Advance Parole, USCIS will presume you have abandoned your

application and you may be denied readmission into the United 

States. Additionally, if you obtain Advance Parole and return to 

the country of feared persecution, USCIS may determine you 

have abandoned your application for asylum unless you can 

provide compelling reasons for your return.

Can anyone help me with my asylum interview?

You may bring your own attorney or legal representative to the 

asylum interview at no cost to the U.S. Government.

How will I be interviewed if I do not speak English?

You will be interviewed through an interpreter. USCIS does not

provide interpreters. You must bring your own interpreter to

the interview. If your interpreter does not speak English 

sufficiently, your interview may need to be rescheduled so that 

you can find a more competent interpreter.

What will happen at my asylum interview?

You will arrive at the Asylum Office for a non-adversarial 

interview with an Asylum Officer who will verify your identity 

and ask you basic biographic questions and the reasons you

are applying for asylum. Everything you say at the interview 

is confidential. It is very important that you tell the Asylum 

Officer your experiences in as much detail as possible so that 

the Asylum Officer can determine whether you qualify as a

refugee. A decision on your case will not be made on the same

day asthe asylum interview.

How doesthe Asylum Officer determine if I am eligible 

for asylum?

The Asylum Officer will determine if you are eligible by 

evaluating whether you meet the definition of a refugee and are 

not barred from a grant of asylum based on information you 

provide on your application and during your interview with an

Asylum Officer, as well as other information that may be 

available to the officer.

What happens if I am found ineligible for asylum?

If you are found ineligible but hold a valid immigration status

or are qualified to remain in the United States (based on

Temporary Protected Status or, in some cases, parole), you will

receive a notice of intent to deny your case that explains the

reasons you were found ineligible. You will have the 

opportunity to rebut these reasons and provide additional 

evidence to support your case. If you do not hold a valid 

immigration status or are not qualified to remain in the United

States, you will be placed in removal proceedings and your case 

will be referred to an immigration judge who will evaluate

your asylum claim anew.

How do I find out the status of my case?

Please contact the USCIS Asylum Office that has or will be

conducting your asylum interview.

Where can I find the law?

The legal foundation for asylum comes from Section 208 of the 

Immigration and Nationality Act (INA). Federal regulationsthat 

explain the eligibility requirements and procedures for asylum 

can be found in the Code of Federal Regulations (CFR)

at 8 CFR § 208.

AFFIRMATIVE ASYLUM AT A GLANCE

STEP ONE: Asylum-Seeker Arrives in the United States

An asylum-seeker is generally eligible to apply for asylum under 

INA § 208(a) if he or she 1) is arriving in or physically present 

in the United States, and 2) files within one year of arriving

in the United States or establishes that an exception to the

requirement to file within one year applies.

STEPTWO: Asylum-Seeker Applies for Asylum

Asylum-seeker files Form I-589, Application for Asylum 

and forWithholding of Removal, with the appropriate 

Service Center.

STEP THREE: Applicant Is Fingerprinted and Background

Security Checks Conducted

Applicants 13 years of age and older receive a notice to go to 

an Application Support Center or authorized Designated Law 

Enforcement Agency to have their fingerprintstaken.

STEP FOUR: Applicant Receives Interview Notice

In most cases, an applicant will receive a notice stating the date, 

location, and time of the asylum interview within 21 days after 

the applicant submitted a complete Form I-589.

STEP FIVE: Applicant IsInterviewed

The applicant is interviewed by an Asylum Officer at one of 

eight Asylum Offices located in Arlington,VA; Chicago, IL; 

Houston,TX; Los Angeles, CA; Miami, FL; Newark (Lyndhurst), 

NJ; New York (Rosedale), NY; and San Francisco, CA, or, if

the applicant lives too far from an Asylum Office, at a District 

Office. In the majority of cases, the applicant is interviewed 

within 43 days after filing, though time frames for individuals 

interviewed at a District Office may be longer because Asylum 

Officers must arrange to travel to these offices.