StatusHumanitarianForm I-5891-year filing deadlineWork permitGreen card after 1 year

Asylum Asylum Status

Asylum is not a visa: it is a protection status for people already in the United States or at a port of entry who were persecuted, or fear persecution, in their home country.

Last reviewed Oct 1, 2026Sources: USCIS · USCIS / Federal RegisterReport an error

At a glance

Filing deadline: Within 1 year of arrival, unless changed or extraordinary circumstances apply
Form I-589 fee (principal): $100 at filing; family members included on the application pay no additional fee
Annual Asylum Fee: $102 per year while pending, when USCIS sends a notice; $105 from Oct. 16, 2026
Work permit: File at 150 days; generally eligible once the case has been pending 180 days
Family abroad: Form I-730 within 2 years of the grant; fee $0
Green card: Eligible 1 year after the grant, via Form I-485

New fees and faster consequences in 2026. Under Pub. L. 119-21, every principal asylum applicant pays a non-waivable $100 filing fee and an Annual Asylum Fee for each year the case is pending. A court stay paused USCIS fee notices from Oct. 30, 2025 until Feb. 2, 2026; since May 29, 2026, USCIS rejects the asylum application of anyone who does not pay within 30 days of a notice, and any asylum-based work permit ends immediately. The annual fee is $102 now and $105 from Oct. 16, 2026.

Overview

Asylum protects people who are in the United States, or seeking entry at a port of entry, and who have suffered persecution or fear persecution because of race, religion, nationality, membership in a particular social group or political opinion (USCIS). It is a status granted after an application, not a visa, and the person does not need a sponsor.

There are two ways to apply. An affirmative application is filed with USCIS by someone who is not in removal proceedings (or by an unaccompanied child); an asylum officer decides it or refers it to immigration court. A defensive application is made before an immigration judge of the Justice Department’s Executive Office for Immigration Review as a defense against removal (USCIS Form I-589). Since July 28, 2026, USCIS may refer some affirmative cases to immigration court without an interview.

Asylees can work, can bring a spouse and children, and can apply for a green card after 1 year. By law, the initial interview should start within 45 days and a decision should be made within 180 days of filing, absent exceptional circumstances (INA 208(d)(5)); in practice, timelines vary widely.

Who qualifies

To be granted asylum, the applicant must

Be physically present in the United States or arriving at a port of entry.
Show past persecution or a well-founded fear of persecution on account of race, religion, nationality, political opinion or membership in a particular social group.
File within 1 year of the last arrival, unless changed circumstances that materially affect eligibility, or extraordinary circumstances related to the delay, are shown; unaccompanied children are exempt from this deadline.
Not be subject to a bar, such as having persecuted others, certain serious crimes, security grounds, or firm resettlement in another country.

Other limits to know

A person who previously applied for asylum and was denied generally cannot apply again unless circumstances have changed.
The Circumvention of Lawful Pathways rule ended May 12, 2025, but USCIS says it still applies to people who entered at the southwest border between May 12, 2023 and May 11, 2025.

Duration & extensions

Asylum status	No fixed end date; it can be terminated in limited cases, such as a fundamental change in circumstances or when a bar to asylum applies (INA 208(c)(2))
Green card	Eligible after 1 year of physical presence after the grant (measured on the date USCIS decides the I-485)
Travel	Needs a Refugee Travel Document (Form I-131): $165 age 16+, $135 under 16
Pending applicants	May not travel without advance parole; Form I-131 for a pending I-589 costs $630 (paper)

Fees

Fees from USCIS Form G-1055 (edition 10/01/26). The Pub. L. 119-21 fees cannot be waived, and new amounts apply to filings postmarked on or after Oct. 16, 2026 (91 FR 62540).

Fee	Amount	Who pays	Notes
Form I-589 filing fee (Pub. L. 119-21)	$100	Principal applicant	Not refundable, even if the application is rejected; unchanged for FY 2027
Annual Asylum Fee	$102	Principal applicant	For each year the case stays pending; paid online within 30 days of a USCIS notice; $105 from Oct. 16, 2026
Form I-765, initial asylum-applicant EAD (c)(8)	$0 + $560	Applicant	$560 Pub. L. 119-21 fee; $570 from Oct. 16, 2026
Form I-765, renewal asylum-applicant EAD (c)(8)	$520 paper / $470 online + $275	Applicant	The $275 fee is not adjusted for FY 2027
Form I-765, asylee EAD (a)(5)	$0	Asylee	Asylees are authorized to work by their status
Form I-730, Refugee/Asylee Relative Petition	$0	Asylee	One petition per family member
Form I-485, green card	$1,440 paper / $1,390 online	Asylee	$950/$900 for a child under 14 filing with a parent; fee waiver may be requested

Since Feb. 5, 2026, the Pub. L. 119-21 asylum fees do not apply to Ms. L. Settlement Class members and their qualifying family members (USCIS). Defensive applications before an immigration judge follow EOIR’s procedures.

Processing time

Statutory target: interview: 45 days; Absent exceptional circumstances (INA 208(d)(5)(A)(ii))
Statutory target: decision: 180 days; Absent exceptional circumstances (INA 208(d)(5)(A)(iii))
Evidence deadline: 14 days before interview; USCIS alert, Aug. 21, 2026

Actual affirmative asylum times vary widely by office; check USCIS processing times. Holds on pending asylum applications under PM-602-0192 and PM-602-0194 were vacated on June 5, 2026 (Dorcas v. USCIS) and enjoined on Aug. 24, 2026 (Red Eagle Law v. Edlow); USCIS says it is complying pending further review.

Application steps

1
File Form I-589 within 1 year
File with USCIS (affirmative) — online where eligible, or by mail to the Dallas or Chicago lockbox for the applicant’s state — or with the immigration court if in removal proceedings; the principal pays the $100 fee.
2
Biometrics
Attend the appointment; a missed appointment must be rescheduled within 10 calendar days, showing exceptional circumstances.
3
Pay the Annual Asylum Fee when billed
If the case is pending a year, USCIS sends a notice; pay within 30 days or the application is rejected.
4
Work permit
File Form I-765 (c)(8) once the asylum case has been pending 150 days; delays caused by the applicant stop the clock.
5
Interview or referral
Submit evidence at least 14 days before the interview. The officer grants asylum or refers the case to immigration court, which can now happen without an interview.
6
After a grant
Asylees may work immediately, may petition for family with Form I-730 within 2 years, and may apply for a green card after 1 year.

Required documents

With Form I-589

Proof of identity and nationality (passport, national ID, birth certificate), with certified English translations.
A detailed written statement of past harm or fear of future harm and why it is linked to a protected ground.
Supporting evidence: country-condition reports, affidavits, medical or police records, photos.
Evidence explaining any filing after the 1-year deadline.
For each family member included: proof of the relationship (marriage and birth certificates).

Dependents & family

A spouse and unmarried children under 21 who are in the United States can be included on the principal’s Form I-589 at filing or any time before a final decision, and receive derivative asylum if it is granted (USCIS).

Family members not included can be petitioned with Form I-730 within 2 years of the grant, with no fee. A relative abroad is processed by a U.S. consulate as a follow-to-join asylee, called Visas 92 (V92); see the Refugee page for V92/V93 follow-to-join details.

Path to a green card

Asylees may apply for permanent residence after 1 year of physical presence in the U.S. after the grant (USCIS). Since Feb. 2, 2023, USCIS measures that year as of the date it decides the application, so filing slightly earlier is possible.

Step 1

Meet the 1-year presence rule

Count from the date asylum was granted.

Step 2

File Form I-485

Each derivative family member files separately; the fee is $1,440 (paper) unless a fee waiver is approved.

Step 3

Interview and decision

USCIS checks continued eligibility and admissibility.

Asylees with green cards can generally apply to naturalize after the required period of permanent residence.

Refugee

Refugee Status (USRAP)

The same protection for people applying from outside the U.S.

Parole

Humanitarian Parole

Temporary permission to enter for urgent reasons; not an admission.

TPS

Temporary Protected Status

Country-based protection, no individual persecution claim needed.

Crime Victims

Status for victims of qualifying crimes who help law enforcement.

VAWA

VAWA Self-Petition

Self-petition for abused spouses, children and parents of U.S. citizens or LPRs.

Common questions

Is asylum a visa?

No. Asylum is a protection status granted to someone already in the U.S. or at a port of entry. There is no asylum visa to apply for from abroad.

What does asylum cost now?

The principal pays a $100 non-waivable fee with Form I-589 and, while the case is pending, an Annual Asylum Fee when USCIS sends a notice — $102 now, $105 from Oct. 16, 2026.

Is USCIS actually collecting the Annual Asylum Fee?

Yes. A court stay paused USCIS fee notices from Oct. 30, 2025 to Feb. 2, 2026. Since May 29, 2026, USCIS sends notices, and nonpayment within 30 days leads to rejection of the application (91 FR 22952).

When can an asylum applicant work?

An applicant can file Form I-765 once the asylum case has been pending 150 days and is generally eligible at 180 days; applicant-caused delays stop the clock (USCIS). The initial EAD carries a $560 fee ($570 from Oct. 16, 2026).

What if the 1-year deadline was missed?

An application may still be considered if the applicant shows changed circumstances affecting eligibility or extraordinary circumstances related to the delay (INA 208(a)(2)(D)). Form I-589 is also the application for withholding of removal.

Official sources

Recent changes

Sep 30, 2026
FY 2027 inflation increases to asylum fees. Annual Asylum Fee rises from $102 to $105 and the initial asylum EAD fee from $560 to $570 for filings postmarked on or after Oct. 16, 2026; the $100 filing fee is unchanged. Source ↗
Aug 24, 2026
Asylum adjudication holds enjoined. In Red Eagle Law v. Edlow (N.D. Cal.) the court enjoined PM-602-0192 and PM-602-0194 and certified a class including asylum applicants with pending I-589s; USCIS announced compliance on Aug. 28, 2026. Source ↗
Jul 28, 2026
Affirmative asylum referrals without interview. Interim final rule lets USCIS refer certain affirmative asylum applications to immigration court without an interview; USCIS still offers an interview before granting or denying. Source ↗
Jun 5, 2026
Asylum hold memos vacated. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.) the court vacated PM-602-0192 and PM-602-0194, which had held all pending asylum applications; final judgment June 11, 2026. Source ↗
May 29, 2026
Consequences for unpaid Annual Asylum Fee take effect. Interim final rule (published Apr. 29, 2026): failure to pay within 30 days of notice leads to rejection of the asylum application and loss of asylum-based work authorization. Source ↗
Apr 24, 2026
Border asylum proclamation held unlawful. In RAICES v. Mullin the D.C. Circuit affirmed that Proclamation 10888 and its guidance are unlawful insofar as they block applying for asylum and withholding of removal. Source ↗
Feb 23, 2026
Proposed asylum EAD reform. Proposed rule would extend the wait to apply for an asylum-based EAD to 365 days and pause EAD filings when affirmative processing averages exceed 180 days; not final as of Oct. 1, 2026. Source ↗
Oct 30, 2025
Automatic EAD extensions ended. Interim final rule ended automatic extensions of EADs for renewals filed on or after Oct. 30, 2025 in the affected categories, which include asylum applicants (c)(8). Source ↗
Jul 22, 2025
Pub. L. 119-21 asylum fees announced. USCIS announced the $100 asylum application fee, the Annual Asylum Fee and new EAD fees for asylum applicants. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.