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.”