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​​​​USCIS Asylum

Filing for asylum with U.S. Citizenship and Immigration Services (USCIS), known as affirmative asylum, is available to individuals who are physically present in the United States and are not currently in removal proceedings. Because asylum decisions depend heavily on credibility, consistency, and legal analysis, asylum cases require careful preparation and thorough documentation. An experienced asylum lawyer can help ensure the application accurately reflects the applicant’s experiences and meets the legal standards required by USCIS.

The asylum process begins by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS. In most cases, the application must be filed within one year of the applicant’s most recent entry into the United States. USCIS strictly enforces this deadline, although limited exceptions may apply when there are changed circumstances in the applicant’s home country or extraordinary personal circumstances that prevented timely filing. Explaining and documenting any exception is a critical part of the asylum application.

A strong asylum application includes a detailed personal declaration describing the harm the applicant suffered in the past or the specific reasons they fear returning to their home country. The declaration must clearly explain who harmed the applicant, why the harm occurred, how it relates to a protected ground, and why the government in the home country is unable or unwilling to provide protection. USCIS also considers country condition reports, news articles, expert opinions, medical or psychological evaluations, and affidavits from witnesses or family members when evaluating the claim.

After the asylum application is filed, USCIS issues a receipt notice and schedules a biometrics appointment to collect fingerprints and photographs. This background check is a required part of the process. Once biometrics are completed, the case is placed in line for an asylum interview. Due to significant backlogs, the timing of interviews can vary widely, and many applicants wait months or even years before being scheduled.

The asylum interview is a detailed, in-person examination conducted by a USCIS asylum officer. During the interview, the officer reviews the written application, asks follow-up questions, and evaluates the applicant’s credibility and consistency. The officer also analyzes whether the harm described rises to the level of persecution, whether it is connected to one of the protected grounds, and whether internal relocation or government protection would be reasonable. Because statements made during the interview become part of the permanent immigration record, careful preparation is essential.

While the asylum application is pending, applicants may become eligible to apply for work authorization after the required waiting period, as long as there are no applicant-caused delays. This allows asylum applicants to work legally in the United States while their case remains under review. Asylum applicants are generally permitted to remain in the U.S. during this time, even if their prior immigration status has expired.

If USCIS approves the asylum application, the applicant is granted asylee status and may live and work in the United States indefinitely. After one year of asylum approval, the asylee may apply for a green card through adjustment of status.

If USCIS does not approve the application, the case may be referred (transferred) to immigration court, where the applicant may have another opportunity to present the asylum claim before an immigration judge.

Attorney Fee: $5000

✓ Processing Time: 4–60+ months.

✓ Payment plans available in up to four installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fee.

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At Dream Immigration Law, we approach affirmative asylum cases with care, attention to detail, and respect for each client’s story. Our goal is to help clients prepare accurate, compelling applications and guide them through the USCIS asylum process with clarity and confidence.

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