What is Asylum and how do I apply?

Asylum provides a way for people to remain in the U.S. with legal immigration status. It is for people who have been harmed in the past, or fear harm in the future, in their home country.

To qualify for asylum, the harm that you suffered or fears has to be linked to one of the five categories under the law:  their political beliefs, their race, their religion, their nationality, or if they are a member of a vulnerable group of people – a “particular social group.” A particular social group can be a group based on a characteristic someone can’t change about themselves, such as being LGBTQ, being in an indigenous group, and more. 

How to apply for asylum

Applicants MUST apply for asylum within one year of arriving in the United States. This deadline applies to everyone.  This deadline applies even if they have not yet seen an immigration judge or do not have an immigration court hearing scheduled. If someone misses the one year filing deadline, they must show that there was an exceptional circumstance that prevented them from filing or that there has been a change in circumstances that makes them eligible. Not knowing about asylum, not having a lawyer, and/or not knowing English are not exceptional circumstances. 

There are two ways to apply for asylum in the United States. If someone has an immigration court case, they can apply for asylum in the Immigration Court where their case was scheduled, and have their case decided by an Immigration Judge.

If someone does not have an immigration court case  (either because they never had contact with immigration authorities, or if they had contact with immigration authorities but their immigration case was not yet scheduled with  immigration court), they can apply for asylum with the USCIS Asylum Office.

With any asylum proceeding, individuals have a right to a lawyer. However, the U.S. government does not provide lawyers for individuals in immigration court, even if they are not able to hire a lawyer on their own.

What to submit

In order to start the asylum application process, an applicant must submit Form I-589. The form is available online at https://www.uscis.gov/i-589.

It is important to give a summary of all the reasons that one is afraid to return to their home country. However, it is not necessary to provide a full declaration nor supporting evidence at this stage in the process. That documentation can be submitted at a later date.

Asylum and work authorization

People who have submitted asylum applications may be eligible to apply for work authorization. Typically, they can submit work authorization applications 150 days after their asylum application was received by the government. One can also apply for a social security number as part of their work authorization application.

Restrictions

There are several restrictions that may affect eligibility for asylum. These are also called “bars” to asylum and include filing deadlines, resettlement in another country, the use of CBP One appointment upon entry, and committing certain crimes. Please speak with an attorney if you have questions about particular bars to asylum.

How to Apply:

Anyone who is interested in applying for asylum should speak with an attorney before filing an application. However, if you are about to reach your one year anniversary and do not have an attorney, there are resources to help people file on their own. See below! 

Resources:

• Immigrant Help NY
• New York City Asylum Resources
• UnLocal Pro Se Plus Resources
• Immigration Court Helpdesk
• Immigration Equality Self-Help Asylum Guides
  

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.