The Affirmative Asylum Process
ALERT: Court Order on Circumvention of Lawful Pathways Final Rule
On Aug. 3, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a stay of the U.S. District Court for the Northern District of California’s order in East Bay Sanctuary Covenant v. Biden, 18-cv-06810 (N.D. Cal.), vacating the Circumvention of Lawful Pathways (CLP) rule. At this time and while the stay remains in place, USCIS will continue to apply the CLP rule.
Under the rule, certain individuals who enter the United States through its southwest land border or adjacent coastal borders are presumed to be ineligible for asylum, unless they can demonstrate an exception to the rule or rebut the presumption. Individuals are encouraged to use lawful, safe, and orderly pathways to come to the United States.
ALERT: Interpreters at Affirmative Asylum Interviews
Starting Sept. 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to have their interview conducted in a language other than English. Your interpreter must be at least 18 years old and fluent in English and a language you speak fluently.
Sign language interpreters are the only exception to this requirement. USCIS continues to provide sign language interpreters as a disability accommodation. Follow the instructions on your interview notice to request this disability accommodation.
If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case basis.
On Sept. 23, 2020, USCIS published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we revert to a long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).
The following steps explain how you apply for asylum in the United States through the affirmative asylum process. The information in this section will not apply to you if you are seeking asylum through:
- An Asylum Merits Interview with USCIS after a positive credible fear determination, meaning you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application for further consideration in an Asylum Merits Interview; or
- The defensive asylum process, meaning you are in removal proceedings before an immigration judge.
For information about Asylum Merits Interviews with USCIS after a positive credible fear determination and the defensive asylum process, see the Obtaining Asylum in the United States and Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination pages.
To apply for asylum in the U.S., you must be physically present in the U.S.
To apply for asylum, you should file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within 1 year of your last arrival in the United States (unless you qualify for an exception to the 1-year filing deadline).
If you fail to file Form I-589 within 1 year of your arrival in the United States, you may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA).
Do not submit a completed fingerprint card (FD-258) or fingerprint fee with your Form I-589. We will accept your Form I-589 without an attached fingerprint card.
To determine where to file your Form I-589, follow the instructions under the “Where to File” section on our Form I-589 page.
For information on asylum eligibility, see the Asylum Eligibility and Applications page.
Bars to Applying for Asylum
You may not be eligible to apply for asylum if you:
- Did not follow the one-year filing deadline for Form I-589, Application for Asylum and for Withholding of Removal. The 1-year deadline is calculated from the date of your last arrival in the U.S. or April 1, 1997, whichever is later;
- Had a previous asylum application denied by an immigration judge or the Board of Immigration Appeals; or
- Can be removed to a safe third country under a 2-party or multi-party agreement between the United States and other countries.
There are exceptions to these bars for “changed circumstances” or “extraordinary circumstances.”
Both are defined in 8 CFR 208.4. For more information on the bars and the exceptions, see our Asylum Bars page.
Once USCIS has received the completed application, you will receive 2 notices:
- Acknowledgment of receipt of your application, and
- Notice to visit your nearest application support center (ASC) for fingerprinting.
For more information on locating an ASC, see our USCIS Service and Office Locator Web page.
You should read the ASC Appointment Notice and take it with you to your fingerprinting appointment at the ASC. You do not need to pay a fingerprinting fee as an asylum applicant.
If you are also requesting asylum status for your spouse and children and they are with you in the United States, they will need to go with you to your ASC appointment.
More information is available on our Preparing for Your Biometric Services Appointment page.
Depending on where you live, we will schedule you for an interview with an asylum officer at either a USCIS asylum office or a circuit ride location, which is often a USCIS field office. For more information about USCIS field and asylum offices, visit our Find A USCIS Office page. Your interview notice will tell you the date, location, and time of your asylum interview.
See Affirmative Asylum Interview Scheduling for more information.
You may bring an attorney or accredited representative to the interview. You must also bring your spouse and any children seeking derivative asylum benefits to the interview.
If you cannot proceed with the interview in English you must bring an interpreter.
The interview will generally last about 1 hour, although the time may vary depending on the case. You may also bring witnesses to testify on your behalf.
For more information about your asylum interview, see our Web page on Preparing for Your Asylum Interview.
You must meet the definition of a refugee in order to be eligible for asylum.
The asylum officer will determine whether you:
- Are eligible to apply for asylum;
- Meet the definition of a refugee in section 101(a)(42)(A) of the INA; and
- Are barred from being granted asylum under section 208(b)(2) of the INA.
A supervisory asylum officer reviews the asylum officer’s decision to ensure it is consistent with the law. Depending on the case, the supervisory asylum officer may refer the decision to asylum division staff at USCIS headquarters for additional review.
In most cases, you will return to the asylum office to pick up the decision 2 weeks after the asylum officer interviewed you.
Longer processing times may be required if you:
- Are currently in valid immigration status;
- Were interviewed at a USCIS field office;
- Have pending security checks; or
- Have a case that is being reviewed by asylum division staff at USCIS headquarters.
We will normally mail your decision to you in these situations.
For more information on the types of asylum decisions issued by USCIS, see our webpage on Types of Asylum Decisions.
Additional information on the affirmative asylum process is available on our Resources for Asylum Applicants page.
You can check your Case Status Online. All you need is the receipt number that we mailed you after you filed your application.