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.”
Contact Asylum and Refugee Immigration Attorney 800-993-9097
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.