Asylum & Humanitarian Protection

Immigration is federal law and policy changes frequently. This is general information, not legal advice — asylum deadlines are strict and the rules are detailed, so talk to a qualified immigration attorney or accredited nonprofit as soon as possible.

Asylum is protection for people who are already in the United States (or arriving at the border) and fear returning to their home country. To qualify, a person generally must show past persecution or a well-founded fear of future persecution on account of a protected ground: race, religion, nationality, political opinion, or membership in a particular social group.

Two paths: affirmative and defensive

• Affirmative asylum is for someone not in removal proceedings. The application goes to the USCIS Asylum Office. If it isn’t approved and the person has no other valid status, the case is referred to an immigration judge.
• Defensive asylum is raised by someone already in removal proceedings, as a defense before an immigration judge at the Executive Office for Immigration Review (EOIR).

Both paths use the same application: Form I-589, Application for Asylum and for Withholding of Removal.

The one-year deadline

As a general rule, Form I-589 must be filed within one year of the applicant’s last arrival in the United States. There are limited exceptions (for example, changed or extraordinary circumstances), but the one-year rule is a major reason not to wait.

Related protections

If asylum isn’t available, two related forms of protection may still apply: withholding of removal and protection under the Convention Against Torture (CAT). An immigration judge is required to advise a person who fears harm of the right to apply and to provide the forms. Because the stakes are high and the law is complex, connect with a lawyer.