Asylum is a protection that allows individuals who are in the United States to remain here should they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident.

Eligibility to Apply

Asylum may be granted to people who are arriving in or already physically present in the United States . To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.

You must apply for asylum within one year of your last arrival in the United States , but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events.

You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement.

Spouse and Children of Asylum Applicant

You must list your spouse and all your children on your Form I-589 regardless of their age, marital status, whether they are in the United States , or whether or not they are included in your application or filing a separate asylum application.

You may ask to have included in your asylum decision your spouse and/or any children who are under the age of 21 and unmarried, if they are in the United States . This means that, if you are granted asylum, they will also be granted asylum status and will be allowed to remain in the United States incident to your asylum status. However, if you are referred to the Immigration Court , they will also be referred to the court for removal proceedings. You should refer to the instructions in Form I-589 for information on the documents you will be required to submit establishing your family relationships, such as marriage certificates and birth certificates.

Children who are married and/or children who are 21 years of age or older at the time you file your asylum application must file separately for asylum by submitting their own asylum applications (Form I-589).

Once you are granted asylum, you may petition to bring your spouse and/or children (unmarried and under the age of 21 as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) to the United States or to allow those already here, who were not included in your asylum decision, to remain incident to your asylum status.

Asylum Interview

You have the right to bring an attorney or representative to the interview. You must bring an interpreter if you are not fluent in English. If your spouse and/or children who were under 21 at the time you filed your application are included in your asylum application as dependents, they must also appear for the interview and bring any identity or travel documents they have in their possession. Although you are required to list all of your family members on your application, you only need to bring those to the interview that will be included as dependents in the asylum decision.

• Some form of identification, including any passport(s), other travel or identification documents, or Form I-94 Arrival-Departure Record
• The originals of any birth certificates, marriage certificates, or other documents you previously submitted with your Form I-589
• A copy of your Form I-589 and other supplementary material that you previously submitted
• Any additional available items documenting your claim that you have not already submitted with your application. Any document in a language other than English must be accompanied by an adequate English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate into English the language used in the document.