Asylum in the United States: eligibility, process and 2026 fees

What asylum is and who it protects

Asylum is protection the United States gives to people who are already in the country, or arriving at a port of entry, and who cannot safely return home. To qualify, you generally must show that you were persecuted, or have a well-founded fear of future persecution, because of at least one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. You must also show that your government did the harm, or that it is unable or unwilling to protect you from the people who did.

Asylum is not available simply because a country is poor or violent. Many claims turn on detailed legal questions: whether a "particular social group" is recognized, whether you could safely relocate within your country, and whether any bar applies. A grant of asylum lets you live and work in the U.S. You can apply for a green card one year after the grant, and you may petition for your spouse and unmarried children under 21.

Eligibility, the one-year deadline and bars

• One-year filing deadline. You generally must file within one year of your last arrival in the U.S. Exceptions exist for changed circumstances, such as new danger at home or a change in your own situation, and for extraordinary circumstances, such as serious illness, legal disability, or being an unaccompanied child. You must still file within a reasonable time after the exception arises. Our deadline calculator shows your one-year date.
• Bars to asylum. You may be barred if you persecuted others, were convicted of a "particularly serious crime," committed a serious nonpolitical crime abroad, are a security risk, or were firmly resettled in another country before coming here. Some regulations and presidential actions adopted since 2020 add further limits on people who crossed between ports of entry. Several of these are in litigation. A lawyer needs to check which rules apply on the date you file.
• Related protections. If asylum is barred, an immigration judge may still grant withholding of removal or protection under the Convention Against Torture. These have no filing deadline, but they require a higher level of proof. They do not lead to a green card or let you bring family members. Our humanitarian protection hub covers other options, such as TPS.

Affirmative vs. defensive asylum

Since July 28, 2026, an interim final rule lets USCIS refer some affirmative asylum applications to immigration court without an interview (91 FR 47101). USCIS still offers an interview before it grants or denies a case. If you file affirmatively and do not have lawful status, a referral places you in removal proceedings, so discuss the risks with a lawyer before you file.

How to apply for asylum: Form I-589, step by step

How much does asylum cost? Fees as of October 2026

H.R. 1, the One Big Beautiful Bill Act signed July 4, 2025, created the first fees ever charged for asylum. They rise with inflation each year. The amounts below come from the USCIS notice published October 1, 2026 (91 FR 62540). They apply to filings postmarked on or after October 16, 2026. EOIR applies the same I-589 amounts in immigration court from October 1, 2026.

When can asylum seekers get a work permit?

As of October 2026, an asylum applicant can file for a work permit (category (c)(8)) 150 days after filing a complete asylum application. USCIS can approve it once the case has been pending 180 days. Delays you cause, such as rescheduling an interview, stop the clock. Under H.R. 1, the initial asylum work permit fee is $570.

• Proposed changes (not final). A February 23, 2026 proposed rule (91 FR 8616) would raise the waiting period to 365 days. It would also stop accepting new asylum work permit applications whenever average processing times exceed 180 days, and add new eligibility bars. Comments closed April 24, 2026. As of October 28, 2026, no final rule had been published in the Federal Register, so the current 150/180-day rules still apply.
• No automatic extensions. A final rule effective October 14, 2026 (91 FR 65306) confirmed the end of automatic extensions for many work permit renewals. File your renewal early, up to 180 days before expiration, to avoid a gap.

Asylum processing pauses and court rulings (2025–2026)

In late 2025, USCIS adopted policies that paused decisions on affirmative asylum applications nationwide. It also held many other benefit requests from nationals of countries covered by presidential travel restrictions. On June 5, 2026, Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island ruled in Dorcas International Institute of Rhode Island v. USCIS. He vacated four policies under the Administrative Procedure Act: the global asylum hold, the benefits hold, the comprehensive re-review of past approvals, and a policy manual change that treated travel-ban nationality as a negative factor.

• The government appealed to the First Circuit. USCIS said it would comply while the appeal continues.
• The appeal is ongoing, and the First Circuit has acted on the government's request to pause parts of the ruling. Which policies are in effect can change while the case continues, so check USCIS announcements and ask a lawyer how the current orders affect your case.
• A court ruling does not approve any individual case. The asylum backlog remains very large, and many cases take years.

Common problems and risks

• Missing the one-year deadline without documenting an exception
• Inconsistencies between your I-589, your declaration, your border interview and your testimony
• Filing a frivolous application, which can permanently bar you from most immigration benefits
• Missing a biometrics appointment, interview or court date, or not updating your address
• Leaving the U.S. while the case is pending. That is generally treated as abandoning the application unless you got advance permission. Even then, travel to the country you fear can destroy your claim.
• Using a notario or preparer who writes a story for you. See avoiding immigration scams.

What to ask an attorney

• Which protected ground fits my facts, and what evidence is strongest?
• Am I within the one-year deadline, and if not, does an exception apply?
• Do any bars or entry-related rules affect me?
• Should I file affirmatively, given the risk of referral to court?
• How and when will I pay the annual asylum fee, and when can I apply for a work permit?

This guide gives general information, not legal advice. Asylum decisions depend on individual facts and evidence, and no one can promise an approval. To be connected with an immigration attorney, send us a lawyer request.