How to Apply for Political Asylum in the United States
By Mónica Lisete Hernández Santiago, Mentorship Partner
You may apply for political asylum in the United States, but only if you meet certain legal requirements.
In short:
1. You must be physically present in the United States or arrive at the border;
2. You must show persecution based on a protected ground;
3. You generally must file your case within one year.
Can I apply for political asylum in the United States?
Yes, as long as:
1. You are not a U.S. citizen;
2. You are physically present in the United States or have arrived at a port of entry (border, airport, or seaport), regardless of your immigration status or manner of entry (authorized or unauthorized); and
3. You have suffered past persecution or have a well-founded fear of future persecution in your home country.
What is considered persecution?
The persecution must be based on at least one of the following five grounds protected by law:
1. Political opinion
2. Race
3. Religion
4. Nationality
5. Membership in a particular social group (for example: members of the LGBTQ+ community, victims of gender-based violence or gang violence when the government does not provide protection, family groups, or indigenous groups, among others.)
General insecurity, poverty, or common crime is not enough; the threat must be serious and specifically directed at you.
Is there a deadline to apply for asylum?
In general, you must file your asylum application within the first year of arriving in the United States.
Are there exceptions?
Yes. You may apply after the one-year deadline only if:
1. There was a significant change in conditions in your country; or
2. Extraordinary circumstances prevented you from applying earlier (for example: serious illness, detention, or severe trauma).
How do I apply for asylum?
You must use Form I-589 – Application for Asylum and for Withholding of Removal.
Where do I file my asylum application?
Affirmative asylum (USCIS)
If you are not in removal proceedings, you file Form I-589 with USCIS.
Defensive asylum (Immigration Court)
If you are already in removal proceedings, you request asylum as a defense before an Immigration Judge.
Asylum after a credible fear interview
If you were detained upon arriving at the border and went through an initial credible fear interview, your case may proceed to a merits interview with USCIS.
Can I include my family in my asylum case?
You may include:
1. Your husband or wife if you are legally married (common-law unions and religious-only marriages are not accepted); and
2. Your children under 21 years old who are not U.S. citizens, if they are physically present in the United States.
What are the chances of success in my asylum case?
Asylum is discretionary, and meeting the legal requirements does not guarantee approval.
If your asylum application is denied, you may still qualify for withholding of removal or protection under the United Nations Convention Against Torture (CAT). To learn more about this protection, click here.
Having an attorney significantly improves the presentation of your case. To schedule a free exploratory asylum consultation with Sanabria & Associates, click here.