Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
Asylum is a form of protection under federal law for people already in the United States (or arriving at the border) who fear persecution in their home country. If granted, it lets you stay, work, and eventually apply for a green card. There are two tracks — affirmative and defensive — and a strict deadline that catches many people off guard, so it helps to understand the process before you start.
Affirmative asylum is when you apply on your own with USCIS while not in removal proceedings, by filing Form I-589. Defensive asylum is when you request it as a defense before an immigration judge after the government has started removal proceedings against you. Same legal standard, different forum.
As a general rule, you must apply within one year of your last arrival in the U.S. There are narrow exceptions — for changed or extraordinary circumstances — but missing the deadline is one of the most common reasons claims run into trouble. Say someone enters and waits 14 months before filing: they'd typically have to show why an exception applies.
You generally must show persecution, or a well-founded fear of it, on account of race, religion, nationality, political opinion, or membership in a particular social group. General hardship, poverty, or fear of crime alone usually does not meet this specific legal standard.
Asylum cases can take a long time. Federal rules let applicants apply for a work permit once their case has been pending for a set period, rather than immediately at filing.
If you're granted asylum, you can generally apply for a green card after holding asylee status for one year. Asylum also lets you petition for certain immediate family members.
More on this topic: the Immigration hub
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