Political Asylum in the U.S.: How to Apply and What to Expect

Every year, thousands of people flee their home countries to escape violence, persecution, and fear. If you are one of them, you may have heard the word "asylum" — but what does it actually mean, and how do you apply for it in the United States?

Applying for asylum is one of the most important steps you can take to protect yourself and your family. It is also one of the most complex areas of immigration law. A political asylum lawyer can make a critical difference in the success of your application. This guide will walk you through what political asylum is, who qualifies, and what the application process looks like step by step.

— or have a well-founded fear of persecution — based on one of five protected grounds:

Race

Religion

Nationality

Political opinion

Membership in a particular social group

"Political asylum" specifically refers to cases where the persecution is linked to your political opinion or your government's perception of your political views. This could include activists, journalists, FAQ: Political Asylum

How long does the asylum process take?

Processing times vary significantly. Affirmative asylum cases currently take anywhere from several months to several years depending on backlogs. Defensive cases in immigration court can also take years. Your political asylum lawyer can help you understand what to expect in your jurisdiction.

Can my family be included in my asylum application?

Yes. Your spouse and unmarried children under 21 who are in the United States can be included as derivatives on your I-589 application. Family members abroad may be eligible to follow to join you after you are granted asylum.

What if I missed the one-year filing deadline?

There are two exceptions to the one-year rule: changed circumstances (such as a change in country conditions) and extraordinary circumstances (such as serious illness or ineffective assistance of counsel). These exceptions are narrow, and you will need strong evidence. An immigration asylum lawyer can help you argue for an exception.

What happens if my asylum application is denied?

If your case is denied by an asylum officer, it goes to immigration court. If denied by an immigration judge, you can appeal to the Board of Immigration Appeals (BIA) and potentially to federal circuit court. Having a lawyer is essential at every stage of this process.

government critics, opposition party members, or anyone targeted because of their beliefs about how their country should be governed.

Asylum is different from refugee status in that asylum seekers apply after arriving in the United States, while refugees apply from abroad.

/— situations where you may be disqualified even if you otherwise qualify. These include certain criminal convictions, a finding that you persecuted others, or being considered a danger to the security of the United States. An immigration asylum lawyer can help you understand whether any bars apply to your situation.

— and navigating it correctly — is one of the most important reasons to work with a political asylum lawyer from the beginning.