Immigrants & Immigration

There are three ways to apply for asylum:

• Affirmatively, meaning a person doesn’t already have a case in front of an immigration judge and they are submitting an application for asylum with the United States Citizenship and Immigration Services (USCIS) Asylum Office.
• Defensively, meaning a person already a removal or deportation case against them in front of an immigration judge and they ask the judge for asylum, or
• If a person is placed in expedited removal proceedings, they can be placed in removal proceedings if they express a credible fear of returning to their country and they say they need asylum. There, they’ll be able to apply for asylum with an immigration judge.

A person must apply for asylum within one year of arriving in the US, unless they meet an exception. To apply, they must fill out and turn in Form I-589 to USCIS or the immigration court. They need to include copies of any identity or travel documents they have. This includes a passport, Form I-94 (arrival or departure record), or other immigration papers.

A person must also give evidence to show why they qualify for asylum. This can include their own written statement. It can also include letters from other people, medical or psychological records about harm they experienced, or photos. Official papers, or statements from witnesses or experts, can also be used. A person may also submit country conditions evidence to show what is happening there and why they were, or could be, persecuted.

Yes. A person can include their spouse and children if they are physically in the United States. To be included, a child must be under 21 years old and unmarried.

If someone lies on their asylum application, during their interview, or in court, their case may be called “frivolous.” For example, if a person says they belong to a certain political party, just to make their case look stronger, the officer or judge may decide their application is frivolous. 

A frivolous asylum case is not the same as a weak one. To be frivolous, the person must have lied on purpose to try to make their case stronger. If the person tells the truth, the case is not frivolous.

There are very serious legal consequences if an officer or judge finds an asylum claim is frivolous. This becomes a permanent part of a person’s immigration records. The asylum case will be denied. The person will never be allowed to get any immigration benefit in the future, even if it has nothing to do with asylum. This is why it is very important to always tell the truth in the asylum process, so they don’t risk being never allowed to get a US immigration benefit again.

Yes. Starting in July 2025, people applying for asylum must pay a $100 application fee. This fee applies whether the application is filed with USCIS or with the immigration court.

People must also pay a $100 fee every year to keep their asylum case active. These fees cannot be waived.

If a person includes a spouse or children in their application, there is no extra charge. But if they want to apply for permission to work, they must pay a $550 application fee.
 

A person can pay the USCIS fee in different ways. They can include a paper check or money order with their asylum application. They can use Form Form G-1650 to pay with a bank account (ACH) transaction. They can also use a Form Form G-1450 to pay with a credit or debit card. Starting October 28, 2025, USCIS will stop accepting checks and money orders.

The immigration court has an online payment system where people can pay fees with an ACH transfer, a debit card, or a credit card.

A person can request work authorization (permit) 150 days after they submitted their asylum application. They can apply by using Form I-765 online or filing a paper version. As of July 2025, the fee to apply for a work permit is $550.

Country conditions evidence is information that shows the dangers in a person’s home country. It explains the violence or mistreatment faced by people who are similar to the applicant. It also shows the officer or judge who the applicant is afraid of and why. The stronger the evidence that people like the applicant are treated badly, the more reasonable their fear of returning will seem.

Evidence can include news articles, human rights reports, or government publications. It is best if these are from the last few years. Reports from Amnesty International, Human Rights Watch, and the United Nations are considered strong and reliable sources.

The evidence must also show that the applicant was targeted, or would be targeted, for a protected reason. These reasons include race, religion, nationality, political opinion, or membership in a particular group. It is not enough to show that the country is generally unsafe. Economic problems, such as not being able to find work or access food, usually do not qualify a person for asylum.

The Center for Gender & Refugee Studies shares more information about country conditions.

If a person files an affirmative asylum application with USCIS, they will get a receipt notice and a notice to give their fingerprints. After fingerprints are taken and a background check is done, the person will be scheduled for an interview at their local asylum office. The applicant must attend the interview. If they included a spouse or children in their application, those family members must attend too.

Most applications filed in Illinois are scheduled at the Chicago Asylum Office. After the interview, the officer will continue reviewing the case. A decision usually takes a few weeks, but the time can vary. The applicant will either be told to pick up the decision at the asylum office or will get it by mail.

If a person is in removal proceedings, they will have a merits hearing after filing their asylum application. This hearing is different from an interview at the asylum office. Instead of speaking with an officer, the applicant must testify in immigration court.

If the asylum seeker has a lawyer, the lawyer will ask questions to show why they qualify for asylum. The government’s lawyer will also ask questions to try to show they do not qualify. The asylum seeker can also bring witnesses to testify. These witnesses may be people who know the asylum seeker’s situation or experts who can explain the dangers in the home country.

After the hearing, the judge will set a date for the asylum seeker to return and receive the judge’s decision.

If a person applied through the asylum office, they will get a decision from an officer saying asylum is denied. The officer will then send their case to immigration court. The asylum seeker has a second chance to prove they can get asylum with the immigration judge. They can also apply for other forms of relief with the judge, if they qualify.

Note: If USCIS denies a person's asylum application and send the case to immigration court, it's important they go to court. If a person does not show up for their court hearing, they will be ordered removed.

If the person is already in removal proceedings and the judge denies their asylum application and any other relief, the judge will issue a removal order. The asylum seeker may be able to appeal the judge’s decision to the Board of Immigration Appeals (BIA). If they do not appeal, or if they lose their appeals, the removal order becomes final. Once the order is final, the deportation process begins.

If a person is granted asylum, it means they stay in the US without fear of deportation or persecution in their home country. They can also file applications for their spouse and unmarried children under 21 years old to join them in the US.

After one year in asylum status, they can apply to become a lawful permanent resident (LPR or green card holder). After a few years of being an LPR, they can apply to become a US citizen.

It is important to find a lawyer who regularly handles asylum cases. These cases are very difficult, even for experienced lawyers. One way to find a good immigration lawyer is by contacting the American Immigration Lawyers Association (AILA) referral service.

If it’s difficult to pay a lawyer, contact one of these organizations:

• National Immigrant Justice Center (NIJC)
  • Detained asylum seekers: call NIJC collect at (312) 583-9721 or use the pro bono platform and NIJC’s 3-digit code, 565.
  • For family members calling from outside of detention: (773) 672-6599; Fax: (312) 660-1505 on Tuesdays from 11:00 a.m. to 2:00 p.m.
  • In-person appointments are available by appointment only:
    • National Immigrant Justice Center -  111 W. Jackson Blvd., Suite 800, Chicago, Illinois
    • Heartland Human Care Services - 5715 W. Belmont Ave., Chicago, Illinois
    • National Immigrant Justice Center – Indiana Office - 110 E. Washington St., Goshen, Indiana
  • Asylum seekers in removal proceedings, call the Immigration Court Helpdesk at (312) 660-1328
• Immigrant Justice - The Resurrection Project
  • Immigrant Justice offers workshops for immigrants in Illinois who are impacted by deportation or seeking to apply for specific immigration statuses.
    • Loved ones of detained people can fill out a form to request help.
    • Non-detained people in immigration proceedings can complete an application to sign up for an immigration application workshop.
  • To learn more about immigrants’ options and protections, you can register for a virtual "Know Your Rights" session.
• Illinois Legal Aid Online
  • Use ILAO's Get Legal Help tool to find additional legal aid organizations that may be able to help.
• Note for Cook County residents:
  • The Cook County Public Defender's Immigration Division helps respondents in Cook County with deportation cases.
    • Non-detained: You may qualify for free legal help if you or a loved one has a case in Chicago Immigration Court and has been represented by the Cook County Public Defender in another case.
    • Detained: Free legal help is available for respondents in ICE custody who have ties to Cook County and a case in Chicago Immigration Court.
  • To get help, email [email protected] or call 312-603-0636 on Wednesdays between 9 a.m. and 11 a.m.