Asylum
may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the
United States, you may ask for asylum at a port-of-entry or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
1 Year Filing Deadline: You must apply for asylum
within one year of your last arrival in the United States, but you may apply for asylum later than one year if there
are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related
to your failure to file within one year. These may include certain
changes in the conditions in your country, certain changes in your own circumstances, and certain other events. However, you
must still apply for asylum within a reasonable time given
those circumstances.
Barred from Applying for Asylum Again: You will be barred from
applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration
Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum.
You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement.
Where to File the Asylum Application:
Circumstance | Where to File Your Form I-589 |
Applying
for asylum for the first time and have not been placed in removal proceedings in Immigration Court | USCIS Service Center that has jurisdiction
over your place of residence. |
Previously applied for and were denied asylum
by INS or USCIS | Asylum Office
having jurisdiction over your place of residence. |
Previously included in a spouse’s or
parent’s pending application but no longer eligible to be included as a derivative | Asylum Office having jurisdiction over your
place of residence. |
Currently in removal proceedings in Immigration Court | US Immigration Court having jurisdiction
over your place of residence. Note there are special filing instructions
with the Immigration Court which you should refer to before filing the application. |
Certain crewmembers, stowaways, individuals who entered the U.S. pursuant to the Visa Waiver Program | USCIS District Director having
jurisdiction over your place of residence. |
Source: USCIS, “How to Apply for Asylum Application.”
Please contact us for a free initial consultation via email, telephone, or in-person. Our experienced Asylum and Refugee
Immigration Attorney can meet with you to discuss whether you qualify for this type of immigration benefit. Our US Immigration
Attorney has effectively represented and filed various asylum and refugee applications based on political asylum, religious
persecution, FMG, etc. Call now to avoid missing the one year filing deadline. Call toll free 800.993.9097.