How to Apply for Political Asylum in the United States

If you fear persecution in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for political asylum in the United States. At Big River Trial Attorneys, we help individuals seek protection through both affirmative and defensive asylum applications.

Below, we explain the two types of asylum processes and what to expect during each stage.

What Is Political Asylum?

Political asylum is a form of legal protection that allows individuals to remain in the United States instead of being deported to a country where they face persecution. If granted asylum, a person can apply for lawful permanent residence (a green card), work legally in the U.S., and eventually apply for U.S. citizenship.

Two Paths to Asylum

There are two main ways to apply for asylum in the United States:

• Affirmative Asylum – for people not in removal (deportation) proceedings.

• Defensive Asylum – for people who are already in removal proceedings before an immigration judge.

Affirmative Asylum Application

If you are physically present in the U.S. and not in deportation proceedings, you may apply for asylum through the affirmative process. Here’s how it works:

Step 1: File Form I-589

You must file Form I-589, Application for Asylum and for Withholding of Removal within one year of your last arrival in the U.S. unless you qualify for an exception (e.g., changed or extraordinary circumstances).

Step 2: Biometrics Appointment

After filing, you will receive a notice for a biometric services appointment at a local USCIS Application Support Center. Your fingerprints and photo will be taken for background checks.

Step 3: Asylum Interview

You will be scheduled for an interview with an asylum officer at a USCIS asylum office. At the interview, you’ll have the opportunity to present your case and explain why you fear returning to your home country.

You may bring an attorney and an interpreter (if necessary) to your interview.

Step 4: Decision

USCIS may approve your application or refer it to an immigration court if you are not granted asylum. If your case is referred, you’ll enter removal proceedings, and your case becomes a defensive asylum application.

Defensive Asylum Application (In Removal Proceedings)

If you are already in removal proceedings, you can request asylum as a defense against deportation. Here’s how the process works:

Step 1: Master Calendar Hearing

You’ll appear before an immigration judge for a brief hearing, where the court will schedule your future court dates and review your eligibility for asylum.

Step 2: Submit Form I-589

You must submit Form I-589 to the immigration court and provide supporting documents, such as your personal statement, country condition reports, and witness letters.

Step 3: Individual Merits Hearing

This is a full hearing where you’ll testify under oath and present evidence supporting your claim. The government attorney will cross-examine you and your witnesses.

Your attorney can help you prepare and ensure your rights are protected throughout the hearing.

Step 4: Judge’s Decision

The immigration judge will either grant asylum or deny your claim. If denied, you may appeal the decision to the Board of Immigration Appeals (BIA).

Benefits of Asylum

If your asylum application is granted, you may:

• Remain in the U.S. legally

• Apply for a work permit

• Petition to bring your spouse and children to the U.S.

• Apply for a green card one year after asylum is granted

• Eventually apply for U.S. citizenship

Get Help from an Experienced Asylum Attorney

The asylum process is complex and can be overwhelming—especially if you are facing deportation. At Big River Trial Attorneys, we are committed to helping you present the strongest possible case and protecting your right to seek refuge.

Call us today for a confidential consultation. At Big River Trial Attorneys, we’ve helped hundreds of clients with the asylum process. If you have questions about an asylum case, give us a call at (225) 407-0777 for a confidential consultation.