Immigration

If you are not in immigration detention or involved in an immigration court proceeding, you can file your application with the U.S. Citizenship and Immigration Services (USCIS). This is known as the affirmative asylum process. There is no fee for applying for asylum, and USCIS must keep the content of your application confidential, meaning that no one may ask USCIS to see your application for asylum.¹ If you follow this process, you will eventually be scheduled to appear for an interview about your application.

If you are in an immigration court proceeding, you can ask the immigration judge for asylum as a defense against removal from the U.S. This is known as a defensive asylum process.² If you follow this process, you will submit your asylum form to the court, along with documents that support your story, and you will eventually testify about your application in court.

Either way, you must apply for asylum within one year of the date of your last arrival in the U.S. However, there can be an exception to the one-year filing deadline if you can show that:

1. there are:
   • “changed” circumstances that materially affect your eligibility for asylum; or
   • “extraordinary” circumstances relating to the delay in filing; and
2. you filed within a reasonable amount of time given those circumstances.³

In order to know what circumstances can be considered “changed” or “extraordinary,” it’s important to work with an asylum lawyer who is up-to-date on the latest policies and court cases. To find a list of legal resources in your area, please see Finding a Lawyer and select your state or see our National Organizations Immigration page.

If you are in removal proceedings before an immigration judge, you may also ask them for withholding of removal or relief under Article III of the Convention Against Torture. Withholding of removal is similar to asylum, but it has a higher burden of proof and fewer benefits. A claim under the Convention Against Torture also has a higher burden of proof and fewer benefits, as well as a different set of eligibility requirements. You may be able to qualify for relief under the Convention Against Torture even if you are unable to qualify for asylum or withholding of removal. Both allow you to remain in the United States indefinitely, but do not make you eligible to apply for a green card. If you become eligible for a green card in another way, you will need to go back to immigration court to ask the judge to allow you to apply for it.  For more information about withholding of removal and the Convention Against Torture, please see the Immigration Equality website.

In order to make sure that you make all of the claims that are possible for you in removal proceedings, it’s important to work with a lawyer who is up-to-date on the latest policies and court cases. To find a list of legal resources in your area, please see Finding a Lawyer and select your state or see our National Organizations Immigration page.

¹ 8 CFR §§ 208.6; 1208.6
² USCIS website
³ 8 CFR § 208.4(a)(2); INA § 208(a)(2)(B), (a)(2)(D); 8 USC § 1158(a)(2)(B), (a)(2)(D)