Law Offices of Metin Serbest PLLC · Last reviewed: November 2026
Short answer: Asylum is protection for people in the United States who were persecuted, or fear persecution, because of their race, religion, nationality, membership in a particular social group, or political opinion. You generally must apply within one year of your last arrival. The questions below cover the basics. Every asylum case depends heavily on its own facts.
Asylum is a form of protection for people who have suffered persecution, or fear they will suffer persecution, because of race, religion, nationality, membership in a particular social group, or political opinion (USCIS: Asylum; 8 U.S.C. § 1101(a)(42); 8 U.S.C. § 1158).
You must be physically present in the United States and not a U.S. citizen. USCIS states you may apply regardless of how you arrived or your current immigration status (USCIS: Obtaining Asylum). Special rules may apply depending on how and when you entered, so the details of your entry matter.
Yes. You generally must file within 1 year of your last arrival in the United States. Exceptions exist if you can show changed circumstances that materially affect your eligibility, or extraordinary circumstances related to the delay, and that you filed within a reasonable time given those circumstances (USCIS; 8 U.S.C. § 1158(a)(2)(B), (D)).
There are three ways to seek asylum (USCIS):
Form I-589, Application for Asylum and for Withholding of Removal (USCIS: I-589). Filing locations and online-filing eligibility have changed during 2026, so check the I-589 page before filing.
Yes. See the USCIS Fee Schedule for the current I-589 filing fee. In addition, Public Law 119-21 requires an Annual Asylum Fee for each year the principal applicant’s I-589 is pending. It cannot be waived, and USCIS sends a notice with the amount and how to pay (USCIS: I-589). Re-check both pages on the day you file, because fee rules can change.
Your spouse and unmarried children under 21 who are physically present in the U.S. can be included as dependents when you file, or at any time before a final decision (USCIS: Asylum).
Possibly, but not right away. You request work authorization on Form I-765. The waiting period and eligibility rules are set by regulation (8 CFR 208.7) and have been subject to change, so check the current USCIS I-765 page before relying on a timeline.
Generally yes. Asylees may apply to adjust status on Form I-485. USCIS requires that you have been physically present in the U.S. for 1 year after being granted asylum at the time USCIS decides the I-485, not when you file it (USCIS: Green Card for Asylees).
Your I-589 is signed under penalty of perjury. Read every page before you sign, and make sure anyone who helped prepare it signs as preparer. A finding that an application is knowingly frivolous can make a person permanently ineligible for immigration benefits (8 U.S.C. § 1158(d)(6)). Work only with a licensed attorney or a DOJ-accredited representative (USCIS: Find Legal Services).
The Law Offices of Metin Serbest PLLC, headquartered in Chicago, represents asylum applicants before USCIS and in immigration court. We serve clients nationwide. We meet with clients in English and Turkish, in person at our offices in Chicago, Fort Lee, New Jersey, and Burlingame, California, at a meeting location by appointment in Washington, D.C. or Miami, or online.
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Law Offices of Metin Serbest PLLC
1938 W Division St, Chicago, IL 60622 · 312-473-5500 · Contact us
General information, not legal advice. Reading this page does not create an attorney–client relationship. Asylum outcomes depend on individual facts and the law in effect at the time. Prior results do not guarantee a similar outcome. Not affiliated with USCIS or any government agency.
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