Asylum

Asylum is protection for people who have suffered persecution in their home country, or who have a well-founded fear of future persecution, because of their race, religion, nationality, political opinion, or membership in a particular social group.

ℹ️ Asylum is decided very differently from one judge to the next. EOIR Insights publishes the grant rate of every sitting immigration judge from EOIR's own records.

ℹ️ In general, you must apply within one year of your last arrival in the United States, unless an exception applies.

A pending asylum application can also lead to a work permit. However, the rules for asylum work permits have gotten worse: the wait has grown, renewals no longer extend automatically the way they used to, and the government has started charging new fees for asylum applications, including a yearly fee while the application is pending. These fees are being challenged in court and change frequently, so check the current amounts before filing.

🛑 Asylum cases are being decided in a much harsher climate than in past years. People with weak or exaggerated claims face real risks, including arrest at their own hearings. Have an attorney honestly review your claim before you file.

⌛️ If a yearly fee applies to you, put the due date in your calendar. Missing it can cost you the asylum application itself. Other protection, such as withholding of removal, is understood to be treated differently, but that is not something to rely on without advice.

🛑 Some cases now go straight to court with no interview. Since late July 2026, USCIS may send certain affirmative asylum applications directly to immigration court without an asylum office interview, and the referral no longer has to say whether the officer found you credible. If you filed with the asylum office and were expecting an interview, ask an attorney what a direct referral would mean for your case.