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United States · Immigration54

Affirmative Asylum

People physically in the United States who fear persecution at home can apply for asylum with USCIS, generally within one year of arrival. A grant allows eventual application for a Green Card.

Currently available · Editorial record dated 10/22/2026 · Not lawyer review or an eligibility decision. Check current official instructions.

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Who this is for

People in the U.S. who cannot return home because of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Common problems

The one-year deadline

Late filings need a changed- or extraordinary-circumstances exception, which is scrutinized closely.

Referral to court

If USCIS does not grant the case, it is typically referred to an immigration judge for a defensive process.