American Immigration Lawyers
Khan Law, PLLC
555 Republic Drive, Floor 2, Suite 214
Plano, TX 75074
Office: (469) 200-6508
WhatsApp: (469) 200-6508
Email: info@khanlegalgroup.com
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The Visa Guide · Humanitarian
Asylum in the
United States
Refuge, made real.
Asylum protects people who suffered persecution, or hold a well-founded fear of it, because of race, religion, nationality, political opinion, or membership in a particular social group. Here’s the whole journey, in plain English.
Who Qualifies
Protection has rules.
Five things make or break an asylum case, and the first is the reason behind the persecution.
A protected ground
Persecution, or a well-founded fear of it, on one of the five protected grounds.
The persecutor
The government, or forces the government cannot or will not control.
The one-year deadline
File within one year of arrival, unless changed or extraordinary circumstances excuse the delay.
No mandatory bars
Firm resettlement and certain criminal or security grounds close the door.
Family comes with you
A spouse and unmarried children under 21 can be included on the same application.
Two Ways In
One form. Two arenas.
Every asylum case starts with the same form. Where it is decided depends on whether you are in removal proceedings.
Asylum
Filed with USCIS, with the case decided at the USCIS asylum interview.
Form I-589 USCIS processing times →Asylum
Raised before the immigration court if you are in removal proceedings, and decided at an individual hearing with testimony and witnesses.
Form I-589 EOIR court resources →The Process
Five steps. One refuge.
The application
File Form I-589: affirmatively with USCIS, or defensively before the immigration court if you are in removal proceedings.
The record
Build the record: a detailed declaration, corroborating documents, and country-condition evidence assembled long before the hearing.
The work permit
Work authorization (Form I-765) becomes available while the case is pending, after the required waiting period.
The interview or hearing
Attend the USCIS asylum interview or the individual court hearing, with testimony and witnesses.
The grant
If granted: asylee status, work authorization, travel documents, family petitions (Form I-730), and a green card application (I-485) after one year.
Forms & Fees
Know the paperwork.
The asylum application, filed with USCIS or the immigration court. Free to file
Work authorization while the case is pending, after the required waiting period
Family petitions filed after asylum is granted
The green card application, one year after asylum is granted
The one-year rule
File within one year of arrival. Changed or extraordinary circumstances can excuse a late filing, but the safest case is the one that never needs an excuse.
Live processing times & fees
Asylum applications are free, and government timelines change monthly. These official tools are always current:
Your safety.
Our fight.
Every story is different. Tell us yours, safely and confidentially. The evaluation is free, and credible testimony and preparation win these cases.
Attorney Advertising: general information, not legal advice. Credible testimony and preparation win these cases: request a free case evaluation or call (469) 200-6508. ← Back to all visa guides
Your Rights
Rights, deadlines, and the clock.
- Remain in the U.S. while the application is pending; removal cannot happen before your case is heard
- Apply for a work permit once the case has been pending about 150 days, with approval possible after 180, under the rules in force in August 2026; a proposed rule would stretch that wait to a year or more, so confirm the current rule before planning around a date
- Ask to be excused from the one-year deadline: losing another status, changed conditions at home, serious illness, bad legal advice, or having been a minor can all count
- Seek withholding of removal or protection under the Convention Against Torture at any time; those protections carry no one-year deadline
- Missing the one-year deadline and then waiting; even an excused late filing must come within a reasonable time after the excuse arises
- Leaving the U.S. while the case is pending without advance permission, above all any return to the country you fled
- Missing a hearing or interview; immigration court can order removal in your absence
- Delays you cause yourself, which stop the work-permit clock and push your permit further away
Costs
What it costs in 2026.
For decades the asylum application was free. The 2025 budget law ended that: filing now costs $100, another $100 comes due each year the case stays pending, and the first work permit costs $550. Congress wrote these fees into statute, so USCIS cannot waive them, and they adjust with inflation. The $250 visa integrity fee does not apply: that charge attaches to visas issued at consulates abroad, and asylum is decided entirely inside the U.S.
| Item | Amount | Notes |
|---|---|---|
| Asylum application (Form I-589) | $100 | New since July 2025; charged when the application is filed; cannot be waived |
| Annual asylum fee | $100 per year | Due each calendar year the application remains pending; USCIS sends notice when it is owed |
| First work permit (Form I-765) | $550 | The initial employment authorization while the case is pending |
| Work permit renewal (Form I-765) | $275 | Each renewal while the case continues |
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. The application and annual fees attach to the case itself; work permit fees apply to each person who applies.
FAQ
Questions we hear every week.
Will my home country find out I applied?
Asylum filings are confidential by regulation. With only narrow exceptions, the government is barred from sharing the fact of your application with the government you fled, and your interview happens in private, not in a courtroom open to the public.
How long will my case take?
Some affirmative interviews are scheduled within months because newer filings are often heard first; others sit for years in the backlog, and court cases move on the judge’s docket. No one can promise a date. What you control is readiness: the declaration, corroboration, and country evidence should be ready whenever the date lands.
What if I cannot afford the new fees?
The 2025 law bars waivers for the $100 filing and annual fees, so they have to be planned for. Watch your mail and your USCIS online account closely: the annual fee arrives with a deadline, and ignoring the notice puts the case itself at risk.
Do I have to retell the worst parts of my story?
The decision-maker does need to hear it, and we know exactly what that costs you. Preparation is how we soften it: your written declaration carries the detail, you rehearse the hard questions before anyone official asks them, you can request breaks and an interpreter, and your attorney sits with you throughout.
What happens if I am denied?
In the affirmative process, a denial is usually a referral to immigration court: a second full hearing of the case, not a removal order. Court denials can be appealed to the Board of Immigration Appeals. A referral is painful, but it is not the end of the road.
Can I travel while the case is pending?
Only with advance permission secured before you leave, and travel to the country you fled can sink the claim entirely. If any trip is on your mind, talk to a lawyer first; this is one of the most common ways strong cases fall apart.