Asylum & Refugee Status
Affirmative vs. Defensive asylum, the one-year deadline, and TPS.
Asylum is a form of protection that allows individuals who meet the definition of a refugee to remain in the United States.
The One-Year Filing Deadline
CRITICAL: You must apply for asylum within one year of your last arrival in the United States. If you miss this deadline, you may be barred from asylum eligibility unless you qualify for an exception.
Affirmative Asylum
This process is for people who are not in removal (deportation) proceedings. You proactively apply to USCIS.
- You must be physically present in the U.S.
- You file Form I-589 (Application for Asylum and for Withholding of Removal).
- You will attend an interview with a USCIS Asylum Officer.
- If not approved, your case is referred to immigration court (defensive process).
Defensive Asylum
This process occurs if you are already in removal proceedings in Immigration Court.
- You file Form I-589 with the Immigration Judge.
- The process is adversarial; a government attorney will argue against you.
- The Judge decides your case. If denied, you may appeal.
- You are entitled to a lawyer, but the government does not pay for one.
Work Authorization (EAD)
Asylum seekers cannot work immediately. You can apply for a work permit using Form I-765. You generally must wait 150 days after filing your complete asylum application before you can apply for a work permit. You cannot receive the permit until your asylum application has been pending for a total of 180 days.
Eligibility: "Well-Founded Fear"
To qualify, you must prove you have suffered persecution or have a well-founded fear of persecution in your home country based on one of five protected grounds: