Asylum

Asylum protects people who have been persecuted, or fear persecution, in their home country because of their race, religion, nationality, political opinion, or membership in a particular social group. A grant of asylum lets you live and work in the United States, bring your spouse and children, and later apply for a green card. Asylum cases depend on detailed testimony and evidence, and they come with strict deadlines and procedures that have changed in 2025 and 2026. Our office represents asylum seekers in Atlanta, Norcross and across Georgia, both before USCIS and in immigration court.

What you must prove

To qualify under INA 208, you must show that you are a “refugee.” That means you suffered past persecution or have a well-founded fear of future persecution, and that one of the five protected grounds is at least one central reason for it. You must also show that:

• The harm rises to the level of persecution, which is more than harassment or discrimination
• The persecutor is the government, or a group the government is unable or unwilling to control
• You could not reasonably avoid the harm by relocating within your country
• No bar to asylum applies

Your own testimony is the core of the case. It must be detailed, consistent and credible. Supporting documents help, such as medical records, police reports, membership cards, news articles, letters from witnesses and country condition reports. If documents reasonably could be obtained, the judge or officer may expect them.

The one-year filing deadline

You generally must file Form I-589 within one year of your last arrival in the United States. Exceptions exist for changed circumstances, such as new events in your country or in your own life, and for extraordinary circumstances, such as serious illness or legal disability. Even with an exception, you must file within a reasonable time. If you miss the deadline, you may still qualify for withholding of removal or protection under the Convention Against Torture. See our withholding of removal page.

Bars to asylum

You may be barred if you:

• Persecuted others
• Were convicted of a particularly serious crime, which includes any aggravated felony
• Committed a serious nonpolitical crime outside the United States
• Pose a danger to U.S. security or have terrorism-related ties
• Were firmly resettled in another country before coming here
• Filed a frivolous application, which permanently bars future immigration benefits

In June 2026, a federal court’s vacatur of the Circumvention of Lawful Pathways rule became final. USCIS stopped applying that rule’s presumption against asylum for certain people who crossed the southern border. The government has appealed, so the issue could change.

Affirmative and defensive asylum

Affirmative asylum is filed with USCIS by people who are not in removal proceedings. An asylum officer interviews you. If you do not have another lawful status and the officer does not grant asylum, the case is usually referred to immigration court.

Defensive asylum is filed with the immigration judge as a defense to removal. The DHS attorney can cross-examine you, and the judge decides after a full hearing.

People stopped at or near the border may go through a credible fear screening first. Some then have an asylum merits interview with USCIS.

New USCIS procedures in 2026

Starting August 21, 2026, USCIS tightened its rules for affirmative cases:

• You must show exceptional circumstances to reschedule an asylum interview or a missed biometrics appointment, and a missed biometrics appointment generally must be raised within 10 calendar days.
• You must submit all evidence at least 14 calendar days before the interview. Late evidence may be excluded or may lead to a rescheduled interview.
• Missing an interview can lead to dismissal of the application, or referral to an immigration judge if you have no lawful status.

Applicants must also pay an annual asylum fee for each year an application remains pending, under the 2025 budget law (Pub. L. 119-21). The amount is adjusted each year and cannot be waived. Missing payments can cause serious problems, so track them carefully.

Working while your case is pending

You can apply for a work permit 150 days after filing a complete asylum application. You cannot receive it until the case has been pending 180 days, not counting delays you caused or requested. Asking to reschedule an interview, transferring offices or submitting late evidence can stop the clock. Separate fees under Pub. L. 119-21 now apply to asylum-based work permits.

After asylum is granted

• You may work immediately and may apply for a Social Security card and travel document.
• Within two years, you may file Form I-730 to bring your spouse and unmarried children under 21. There is no filing fee.
• After one year as an asylee, you may apply for a green card with Form I-485.
• Traveling back to your home country can raise questions about your fear and put your status at risk. Talk with a lawyer before any trip.

Preparing a strong application

• Write a detailed, chronological statement with dates, places and names.
• Gather identity documents and evidence of each incident of harm.
• Obtain medical or psychological evaluations where appropriate.
• Collect current country condition reports from reliable sources.
• Use a qualified interpreter. USCIS and the courts require a competent interpreter.
• Be consistent. Differences between your I-589, your statement, prior border interviews and your testimony can damage your credibility.

Hypothetical: A journalist from Central Africa arrived in Atlanta on a visitor visa after being detained and beaten for reporting on government corruption. Ten months later, she files an affirmative asylum application with her statement, hospital records, copies of her articles and a letter from her editor. She submits all evidence more than 14 days before her interview and attends every appointment. Because she filed within one year, the deadline is not an issue. The interview will focus on her credibility and the connection between her reporting and the harm.

Read the USCIS asylum page. You can also learn about our removal defense services and our Atlanta immigration lawyer services.

This page reflects USCIS and immigration court guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for an asylum lawyer in Atlanta, our office can evaluate your claim and the one-year deadline, prepare your statement and Form I-589, gather evidence and country reports, prepare you for the interview or hearing, and track fees and work permit eligibility.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.