Asylum Seeker (I-589)

Who is an ‘Asylum-Seeker’?

An asylum-seeker is an individual who is pursuing international protection. Their application for refugee status or complementary protection has not yet been processed, or they may intend to seek asylum but have not yet submitted a request.

People often flee their homes due to war, persecution, and human rights abuses. In order to escape violence or threats to their safety and freedom, many leave at a moment’s notice, taking little more than the clothes on their backs.

When someone crosses an international border in search of safety, they typically need to apply for legal recognition as a refugee. While they await the decision on their application, they are considered asylum-seekers and should be afforded protection. Although not all asylum-seekers will ultimately be granted refugee status, every refugee starts as an asylum-seeker.

Applying for Asylum in the United States

Every year, people come to the United States seeking protection due to past persecution or fears of future persecution based on:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

You may apply for asylum only if you are physically present in the U.S. and are not a U.S. citizen.

Currently, the option to submit an online Form I-589 is limited to certain affirmative asylum applicants. You cannot file online if you:

• Are in immigration court proceedings or before the Board of Immigration Appeals
• Are an unaccompanied alien child.
• Fall into categories that require mailing your application to the Asylum Vetting Center.
• Have already submitted a Form I-589 that is still pending with USCIS

If you meet the criteria for asylum, you may be permitted to remain in the United States. To apply for asylum, either affirmatively or defensively, you need to file Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival in the U.S. For more details on affirmative and defensive filings, please see our Obtaining Asylum in the United States page. There is no fee to apply for asylum.

You can include your spouse and children who are physically present in the U.S. as dependents on your asylum application when you file or at any time until a final decision is made. To include a child as a dependent, they must be under 21 years old and unmarried.

Benefits

If you are granted asylum, you can apply for a work permit. If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried.

You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. You can be eligible for a Green Card one year after receiving asylum.

Experienced Attorneys at your Side

At McFarling Cohen Fic & Squires, an attorney can ensure that all necessary forms, including Form I-589, are completed accurately and submitted on time, minimizing the risk of errors that could lead to delays or denials. We will be available to address your questions throughout the process, assisting you in applying for work authorization while your application is being processed and monitoring the status of your case to keep you informed.