Asylum: How to Apply, Timelines, and Evidence

Date of Information: 09/26/2025

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Quick Answers

Eligibility: You must show a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.

  • Deadline: You generally must apply within one year of arrival in the U.S. (exceptions exist).

  • How to Apply: File Form I-589 (there is no filing fee).

  • Where: Applications go to USCIS (affirmative cases) or Immigration Court (defensive cases).

  • Family: A spouse and children under 21 can be included as derivatives.

  • Costs: No fee for the I-589; you may need to pay for translations, mailing, medical records, and legal services.

  • Timeline: Cases may take months to years, depending on backlog and venue.

  • Work Permit: Covered separately — see our upcoming guide on employment authorization for asylum seekers.

Understanding Asylum

What is “Asylum?”

What is a “Refugee?”

To earn asylum in the United States, you must prove that you meet the international definition of a “refugee” rather than a mere “migrant.” Most of the information your attorney will request is geared towards showing USCIS or the Immigration Court that you satisfy that definition.

The History of U.S. and International Asylum Law

U.S. asylum law is primarily based on its obligations as a signatory to the 1951 United Nations Refugee Convention. The Convention itself was a reaction to a variety of humanitarian crises that developed during World War II, including but not limited to the Holocaust, and the failures of many developed nations to acknowledge and effectively address those crises. At the international level, asylum and refugee programs are managed by the United Nations High Commissioner for Refugees (“UNHCR”).

Asylum within the International Framework for Refugees

At the international level, asylum and refugee programs are managed by the United Nations High Commissioner for Refugees (“UNHCR”). All signatories to the 1951 Convention have certain obligations, but, as sovereign nations, they fulfill those obligations through their own legislation and other laws.

The Legal Standard for Asylum in the United States

The basic standards for asylum in the United States were established by the Refugee Act of 1980, which brought the U.S. standards into line with the international standards in the 1951 U.N. Convention Relating to the Status of Refugees. For a detailed analysis of the legal standards for asylum in the United States, please see the research guide on that topic.

Again, to earn asylum in the United States, you must prove that you are a “refugee.” But what specific premises support that conclusion?

First, you have to be displaced from your country of origin. In the United States, that element is established procedurally because you cannot apply for asylum until you have reached the United States.

For most people, the most important elements are that (1) you have a reasonable fear, (2) of persecution, and (3) because of one of several enumerated factors. Those factors are (a) a political opinion, (b) your race, (c) your religion, (d) your nationality, or (e) your membership in a particular social group (“PSG”).

Race, religion, and nationality are generally easy to establish. In cases involving those factors, the biggest hurdle is usually proving the reasonableness of your fear.

Political opinions and membership in a particular social group are more complex and sometimes cross over with other factors. You should definitely consult an attorney if you plan to apply for asylum based on a political opinion or membership in a PSG because those standards are nuanced and fraught.

Group of diverse young adults celebrating LGBTQ+ pride, smiling and taking a selfie, with a large rainbow pride flag in the background.

The United States has started to recognize LGBTQ+ people from certain countries where they are routinely persecuted as members of a particular social group. If you think you might qualify for asylum based on your sexuality and the attitudes towards your sexuality in your home country, please consult with one of our attorneys.

Eligibility for Asylum

Asylum protects people who face persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. These five protected grounds are drawn from international law, specifically the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol.

You must also be physically present in the U.S. and apply within one year of arrival unless an exception applies (such as changed or extraordinary circumstances).

How to Apply for Asylum

Choose the venue: Apply affirmatively with USCIS if you are not in removal proceedings, or defensively in Immigration Court if you are already in proceedings.

  1. File Form I-589: No filing fee is required. Include a detailed affidavit and supporting evidence.

  2. Biometrics: USCIS will schedule a fingerprinting appointment.

  3. Interview or hearing: USCIS will hold an asylum interview, or the Immigration Judge will hold a hearing.

  4. Decision: Outcomes may include a grant of asylum, referral to court, or denial. Appeals and motions are available in most cases.

⚠️ Caution: Missing the one-year filing deadline without a valid exception usually makes you ineligible for asylum. You may still be able to apply for withholding of removal or protection under the Convention Against Torture, but those forms of relief are harder to win and offer fewer benefits than asylum.

Documents and Evidence Checklist

Strong evidence makes your case more persuasive. Common types of evidence include:

  • Passport, national ID, and other identity documents

  • Proof of U.S. entry (I-94, visa, CBP stamp)

  • Country conditions reports, news, or human rights publications

  • Medical or police records

  • Sworn statements from witnesses

  • Photos, chat logs, or social media posts

  • A clear chronological timeline of persecution and flight

  • Certified translations of non-English documents

Translation certification template (copy as needed):

I, [translator’s name], certify that I am fluent in English and [source language], and that the attached translation is a true and accurate translation of the document in [source language].

Typical Timelines

  1. Biometrics: Usually within weeks of filing

  2. USCIS interview: May take months to several years depending on backlog

  3. Court hearings: Often more than one year away

  4. Decision: Weeks to months after interview or hearing

  5. Appeals (BIA or circuit court): Often months to years

Note: Timelines vary greatly depending on backlog, venue, judge, and case complexity.

Withholding of Removal and CAT Relief: Alternatives to Asylum

If you are barred from asylum (for example, because of the one-year deadline), you may still qualify for withholding of removal or protection under the Convention Against Torture (CAT).

Comparison:

  • Asylum: Lower burden of proof; leads to a green card after one year; includes family; subject to one-year deadline.

  • Withholding of Removal: Higher burden of proof (“more likely than not” standard); protects from deportation but does not lead to a green card; no family benefits.

  • CAT Relief: Protection if you would “more likely than not” be tortured if returned; no green card, limited benefits.

CLP Rule and Family Unity Exception

The Circumvention of Lawful Pathways (CLP) Rule requires most asylum seekers to first apply for protection in transit countries or use CBP One to request entry at a U.S. port.

Exceptions exist, including the Family Unity Exception, which may allow family-based claims even after irregular entry.

If you are subject to the CLP Rule, carefully document:

  • Attempts to use CBP One or successor applications (including screenshots of errors)

  • Any denials from third countries

  • Evidence of danger during transit

We have published separate research guides that explain the CLP Rule and the Family Unity Exception in much greater detail. If you think either issue might affect your case, we strongly encourage you to visit those guides for a deeper explanation before you proceed.

Frequently Asked Questions

1. What is asylum?
Asylum is protection granted in the U.S. to people who meet the refugee definition and fear persecution if returned to their home country.

2. What are the protected grounds for asylum?
You must show persecution based on race, religion, nationality, political opinion, or membership in a particular social group. These five grounds come from the 1951 UN Refugee Convention and its 1967 Protocol.

3. How do I apply for asylum?
File Form I-589 within one year of arriving in the U.S. If you are not in removal proceedings, file affirmatively with USCIS. If you are already in removal proceedings, apply defensively in Immigration Court.

4. How long does the asylum process take?
It varies widely. Some cases are resolved in under a year, while others take several years due to court and USCIS backlogs.

5. What documents should I include with my application?
Identity and entry documents, affidavits, medical or police reports, country conditions evidence, photos or chat logs, and certified translations of any non-English documents.

6. Do I have to pay a fee to apply for asylum?
No. There is no government filing fee for the I-589 application. However, you may incur costs for translations, records, or legal representation.

7. Can my spouse or children be included in my asylum case?
Yes. If they are physically present in the U.S. and were under 21 at the time you filed, you can include them as derivatives on your I-589.

8. What happens if I miss the one-year filing deadline?
You may still qualify if you can prove changed country conditions or extraordinary personal circumstances. Even if asylum is barred, you may still apply for withholding of removal or protection under the Convention Against Torture (CAT).

9. What is the difference between asylum, withholding of removal, and CAT protection?

  • Asylum: Lower burden of proof, may lead to a green card, and allows you to include family.

  • Withholding of Removal: Higher burden of proof, no green card, no family benefits.

  • CAT Protection: Protection against torture, but no green card and limited benefits.

10. When can I get a work permit if I apply for asylum?
We cover this separately in our dedicated guide on employment authorization for asylum seekers.

11. What if the Circumvention of Lawful Pathways (CLP) Rule applies to me?
You may need to show you tried to seek protection in a transit country or through CBP One. Exceptions exist, including the Family Unity Exception. We have separate research guides that explain these in detail — visit those resources if you suspect they may apply to your case.

Need Help with an Asylum Case?

Ready to take the next step? Every asylum case is unique, and the right strategy depends on your story, your evidence, and the latest changes in the law. A consultation with Charles International Law gives you the chance to walk through your circumstances with an experienced attorney, get clear on your options, and build a plan for moving forward.

Click Here to Schedule a Consultation

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