U.S. Asylum

Asylum is a form of protection the United States grants to people who are already on U.S. soil and have a well-founded fear of persecution in their home country on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Asylee status brings the right to live and work in the United States lawfully and, after one year, to apply for a green card. A person may apply regardless of how they entered the country, but strict deadlines apply — and, since 2025, new government fees.

Status as of July 11, 2026. The asylum system is going through its biggest overhaul in years. New fees are in force: $100 to file Form I-589 and a $102 annual fee for every year a case remains pending; starting May 29, 2026, USCIS rejects applications and cancels work permits when the annual fee goes unpaid (the rule has been challenged in court as of July 1). USCIS resumed issuing asylum decisions in March 2026 after a months-long pause; a separate freeze covering applicants from 40 countries was ruled unlawful by a federal court on June 5, but the government has appealed. A proposed (not yet final) rule would raise the wait for a work permit from 150 to 365 days.

Who qualifies for asylum

Any person physically present in the United States who is not a U.S. citizen may apply, regardless of how they entered or what status they currently hold. The core requirement is a well-founded fear of persecution — by the government, or by forces the government cannot or will not control — on account of one of the five protected grounds. Generalized danger, poverty, or war in a country does not by itself qualify: the persecution must be tied to the applicant's own protected characteristics.

A one-year filing deadline applies: as a general rule, Form I-589 must be filed within one year of the applicant's last arrival in the United States. Exceptions exist — changed circumstances (such as a change of government or new threats at home) and extraordinary circumstances that prevented timely filing — but each is assessed case by case.

Two tracks: USCIS and the immigration court

Asylum cases move along one of two tracks. Affirmative — the person files Form I-589 with USCIS on their own initiative and is interviewed by an asylum officer; if the claim is not granted and the person has no other lawful status, the case is referred to immigration court. Defensive — asylum is raised as a defense against removal in immigration court (EOIR), before a judge, with a government attorney on the other side. The application form is the same, but procedures, timelines, and the work-permit "clock" run differently on each track.

How the process works, step by step

In broad strokes, the affirmative process includes: filing Form I-589 with supporting documents and the fee; a receipt notice; biometrics; an interview with an asylum officer; and a decision — a grant of asylum, a denial (where the applicant holds another lawful status), or referral to immigration court. On the defensive track, the court sets the stages: preliminary master calendar hearings, then an individual merits hearing, and a judge's decision that either side may appeal to the Board of Immigration Appeals (BIA).

Backlogs on both tracks run to years: as of the end of fiscal year 2025, more than 1.5 million applications were pending at USCIS alone, and average processing of affirmative cases in recent years has taken 22–35 months. In late 2025, USCIS paused decisions on all asylum cases; decisions resumed on March 30, 2026, except for applicants from 40 countries — a separate freeze a federal court ruled unlawful on June 5, 2026, ordering processing to resume. The government has appealed, and large-scale movement of those cases has yet to be seen.

Working while the case is pending

Filing for asylum does not by itself confer the right to work. Under current rules, an applicant may file for an employment authorization document (EAD, category c8) 150 days after the asylum application is received; the EAD may not be granted before the case "clock" reaches 180 days. Delays caused by the applicant — such as rescheduling an interview — stop that clock.

This is where most of the current changes are concentrated. Since December 2025, new EADs are issued for 18 months instead of the previous 5 years. In May 2026, USCIS eliminated the requirement to process initial asylum-based EAD applications within 30 days — processing times are no longer capped and may grow substantially (that decision is also being challenged in court). The automatic 540-day extension for timely renewals remains available only to those who filed their renewal before October 30, 2025. In addition, a rule proposed in February 2026 would raise the waiting period to file for an EAD from 150 to 365 days and would let USCIS suspend intake of initial applications while average asylum processing times exceed 180 days; the public comment period closed on April 24, 2026, the rule has not been finalized, and it is not expected to apply to applications already on file.

What it costs: the new fees

Until 2025, applying for asylum was free. Under H.R. 1, two fees now apply. The first is $100 to file a new Form I-589. The second is an annual fee of $102 (indexed for inflation) for each year an application remains pending beyond one year; it is charged in both USCIS and immigration court cases, no fee waiver is available, and one payment covers the entire application regardless of how many family members it includes. Since May 29, 2026, consequences for nonpayment are in force: if the annual fee is not paid within 30 days of notice, USCIS rejects the asylum application, denies any pending work-permit application based on it, and an already-issued work permit stops being valid. A lawsuit challenging how the annual fee is being implemented was filed on July 1, 2026; in practice, advocacy organizations report that notices do not reach everyone, so applicants check their payment status themselves in their USCIS online account. Keeping USCIS updated with a current address also matters: address changes must be reported within 10 days using Form AR-11.

After the decision

A grant of asylum brings asylee status: an indefinite right to live and work in the United States, the ability to petition for immediate family members (Form I-730), and the right to apply for a green card after one year. A denial on the affirmative track, where the applicant has no other status, generally means referral to immigration court, where the claim is heard anew; a judge's denial can be appealed to the BIA and, beyond that, to a federal court of appeals. Related forms of protection — withholding of removal and protection under the Convention Against Torture (CAT) — carry a higher burden of proof and confer fewer benefits, but are not subject to the one-year deadline.

How long does the asylum process take?

There are no guaranteed timelines. USCIS generally schedules interviews so that recently filed applications get priority, which means cases in the multi-year backlog can wait for years: average processing of affirmative cases in recent years has run about two to three years, with more than 1.5 million applications pending. The 2025–2026 pause in decisions has added to the delays.

Can I work while my asylum case is pending?

Yes, but not right away. Under current rules, the work-permit application may be filed 150 days after the asylum application is received, and approval is possible once the case clock reaches 180 days. Permits are currently issued for 18 months and can be renewed while the case remains pending. A proposed — not yet adopted — rule could extend the wait to 365 days for future applicants.

Is there a fee to apply for asylum?

Yes, since 2025. Filing a new Form I-589 costs $100, and a $102 annual fee is charged for each year a case remains pending beyond one year. Failing to pay the annual fee within 30 days of notice leads, as of May 29, 2026, to rejection of the application and loss of the work permit. No fee waiver is available; payment status can be checked in a USCIS online account.

Can asylum seekers travel outside the U.S.?

Leaving the country without a travel document (Advance Parole) is generally treated as abandoning the asylum application, and travel to the country of claimed persecution can undermine the case even with a document in hand. How U.S. travel documents work is covered in a separate guide on leaving and returning.

What happens if asylum is denied?

It depends on the track and the person's status. On the affirmative track, a denial where the applicant has no other lawful status means referral to immigration court, where the claim is heard from scratch — it is not an automatic removal. A judge's denial can be appealed to the BIA within 30 days, with further review available in federal court. At each stage, eligibility for other forms of protection is typically assessed as well.