# Applying for asylum

Source: https://www.qaravan.org/resources/immigration/applying-for-asylum/

Who can ask for asylum, how to count the one-year deadline, where and how to file form I-589, and how to find help you can trust.

This is general information, not legal advice: QARAVAN has no lawyers. QARAVAN does not help anyone enter the US and cannot arrange visas, invitations, sponsorship or evacuation. For your own case, talk to a licensed immigration attorney or a representative accredited by the U.S. Department of Justice.

Asylum is protection in the US for a person who faces serious harm at home because of race, religion, nationality, membership in a particular social group or political opinion. According to USCIS, you can ask for asylum however you entered and whatever your status, as long as you are physically in the US.

Form I-589 goes to USCIS or, if you are already in removal proceedings, to the immigration court. The order: check the deadline, find out where your case is, find help, and only then file.

## Start here

- File within one year of your last arrival in the US. If you are late, ask a lawyer about exceptions right away.
- If you have a case in immigration court, file with the court, not USCIS. You can check [on the EOIR website](https://acis.eoir.justice.gov/en/) with your A-Number.
- Only a licensed attorney or an accredited representative may legally give advice on your immigration case or represent you. Translators, document services, “immigration consultants” and travel agents, including those advertising in Russian, have no such right, so check anyone before you pay.

## Step 1. Count your one-year deadline

You must file within one year of your last arrival in the US. Exceptions can help if you are late, but a lawyer must decide whether they fit you.

1. Find your last arrival date The year counts from your last arrival in the US. The date is on your I-94 (arrival record) and the passport stamp. For people who arrived before April 1, 1997, the count started on that date.
2. Count one year If the last day of the year falls on a Saturday, Sunday or federal holiday, the deadline moves to the next business day.
3. Know what counts as filing The filing date is the day USCIS (or the court) receives the application; the mailing date counts only with clear and convincing proof. The receipt notice shows this date.
4. If the year has passed, do not give up on the application The one-year deadline applies only to asylum, not to withholding of removal. A late application is accepted if one of two exceptions fits: changed or extraordinary circumstances. It must be filed within a reasonable time after the circumstances changed or ended, so see a lawyer as soon as you can. Changed circumstances also include your own actions outside your country that now put you in danger and, for family members in your application, losing that relationship through marriage, divorce, death or turning 21. If you rely on ineffective help from a lawyer, you need written proof.
5. Attach your evidence from the start Since July 28, 2026, USCIS can send a case to court without an interview if the papers show you are not eligible for asylum (for example, because you missed the deadline) and you have no other lawful basis to stay. So attach evidence from the start and answer USCIS requests on time.

## Exceptions to the one-year deadline

Exceptions to the 1-year deadline under 8 CFR 208.4 (the Code of Federal Regulations, the federal rulebook)

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## Step 2. Where to apply: USCIS or the court

Which path is yours depends on one thing: whether you are in removal proceedings in immigration court. In court an ICE lawyer represents the government. There is also a third path, the Asylum Merits Interview, for people who passed a credible fear screening at entry; ask a lawyer about it.

Two routes to asylum

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## Step 3. Who may help you, and how to check a helper

You can file with USCIS yourself. If you need help, go only to people who have the legal right to give legal advice, and check them before you hand over money or documents.

- Who may represent you Any status Free Only a licensed attorney or an accredited representative may legally give advice on your immigration case or represent you, and before USCIS also a law student or graduate supervised by one of them. Translators, document preparers, “consultants” and travel agents have no such right. Before USCIS your representative files form G-28, signed by both of you; in immigration court they file form EOIR-28, and at the BIA form EOIR-27. [justice.gov](https://www.justice.gov/eoir/can-someone-represent-you-eoir)
- How to check an attorney: the New York State Attorney Directory Any status Free The free Attorney Directory of the New York State courts. Search by first and last name; the first letters are enough. The link is on EOIR's page about representatives (the directory asks not to be linked to directly). Questions: attyreg@nycourts.gov. [justice.gov](https://www.justice.gov/eoir/can-someone-represent-you-eoir)
- How to check an accredited representative: the Justice Department roster Any status Free Accredited representatives work only through a nonprofit recognized by the Department of Justice. Court and BIA cases need full accreditation; partial is enough only for USCIS. The Department publishes the list of organizations and representatives; the October 25, 2026 file has 947 organizations. [justice.gov](https://www.justice.gov/eoir/recognition-accreditation-roster-reports)
- Checking for disciplined practitioners Any status Free The Department of Justice list of lawyers and representatives currently barred from immigration cases. Check it before you hire anyone. [justice.gov](https://www.justice.gov/eoir/list-of-currently-disciplined-practitioners)
- How to spot a scam Any status Walk away if someone promises a fast work permit, “connections” at immigration or a sure result, asks you to sign a blank or incomplete form, wants your originals, or takes money without a detailed receipt. Forms are free at [uscis.gov/forms](https://uscis.gov/forms). Ask for a written contract, copies of every paper and a receipt with the preparer's name and address, get a second opinion, and choose someone with a real office. Be especially careful with Russian-language ads that promise asylum as a turnkey service. [nyc.gov](https://www.nyc.gov/site/immigrants/legal-resources/avoid-immigration-services-fraud.page)
- Where to report a scam Any status Free File a complaint on the website of the City's Department of Consumer and Worker Protection or with the New York State Attorney General through the form at [ag.ny.gov/file-complaint/consumer](https://ag.ny.gov/file-complaint/consumer). You can complain to the City without giving your name or status. [ag.ny.gov](https://ag.ny.gov/resources/individuals/consumer-issues/immigration-services-fraud)
- NYC Immigration Legal Support Hotline NYC residents Free The free City line of MOIA (formerly ActionNYC) refers you to centers where your situation is reviewed for free and lawyers help, whatever your status, if you live in New York City and household income is below 200% of the federal poverty level. Say "Russian": the line helps in your language, but a place at a center is not guaranteed. [800-354-0365](tel:8003540365); [311](tel:311), "Immigration Legal" [nyc.gov](https://www.nyc.gov/site/immigrants/legal-resources/moia-immigration-legal-support-hotline.page) Mon, Wed 9 a.m.–8 p.m.; Tue, Thu, Fri 9 a.m.–6 p.m.; last Saturday of the month 9 a.m.–5 p.m.
- New Americans Hotline (New York State) Any status Free New York State's line for new Americans: answers immigration questions anonymously, refers people to free lawyers, detained people included, and takes complaints about scammers. Over 200 languages: say "Russian" and a free interpreter joins. [1-800-566-7636](tel:18005667636) [dos.ny.gov](https://dos.ny.gov/office-new-americans) Mon–Fri 8 a.m.–8 p.m.; Sat–Sun 9 a.m.–5 p.m.

## Step 4. How to file Form I-589 with USCIS

For the affirmative path, when you have no court case.

1. Make sure you are not in court If you have an immigration court case, you file there; an application filed in the wrong place is rejected. Check your case in [Automated Case Information on the EOIR website](https://acis.eoir.justice.gov/en/).
2. Get the current form Get the form only at [uscis.gov/i-589](https://uscis.gov/i-589): forms are free, and the July 28, 2026 edition is current. The Russian translation is for reading only: the form must be filled in in English.
3. Choose online or by mail The [Filing Instructions Tool on the USCIS website](https://www.uscis.gov/i-589) tells you whether you can file online: not everyone can. Unaccompanied children, people whose earlier court case was closed or dismissed, and people whose NTA was never filed with the court must file by mail.
4. Fill in the whole form in English Answer every question, including why you are asking for asylum, sign the form and attach the addenda you need. USCIS rejects a form with blank parts, no signature or no explanation. Write only the truth, and before you sign, ask for the whole form to be read to you in Russian. If a judge finds the application knowingly frivolous, you lose the right to any immigration benefits in the US for good.
5. Include your family A spouse and unmarried children under 21 who are in the US can be added when you file or later, before the final decision. Each gets their own fingerprint appointment.
6. Attach evidence with translations Documents not in English need an English translation. Do not attach passport photos or extra copies.
7. Pay the $100 fee The fee is $100, with no waiver. On paper, pay by card with form G-1450 or by bank debit (ACH) with form G-1650; the card or account must be with a U.S. bank. USCIS does not take checks, money orders or cash, except with an approved exemption on form G-1651.
8. Mail it to the USCIS mail-in processing address (lockbox) From New York the application goes to Chicago, to the USCIS lockbox. Keep a copy of everything you send and the mailing receipt.
9. Do not file a second application If your first application is still pending, do not file another one. To add a family member, mail a request to the asylum office that has your case.

## Where to send Form I-589

- USCIS lockbox in Chicago (for New York residents) Asylum applicants A lockbox is the USCIS center that takes applications by mail. From New York State, asylum applications go to Chicago (from Florida, Georgia, Maryland, New Jersey, Pennsylvania and Texas, to Dallas). By regular mail: USCIS, Attn: I-589, P.O. Box 6893, Chicago, IL 60680. By courier (FedEx, UPS, DHL): USCIS, Attn: I-589 (Box 6893), 131 S. Dearborn St., 3rd Floor, Chicago, IL 60603-5517. The address can change: check the form's page. [uscis.gov](https://www.uscis.gov/i-589) USCIS, Attn: I-589, P.O. Box 6893, Chicago, IL 60680
- Filing online in a USCIS account Asylum applicants Only some affirmative applicants can file online. Create an account at [my.uscis.gov](https://my.uscis.gov); the Filing Instructions Tool on the I-589 page tells you whether you qualify. [uscis.gov](https://www.uscis.gov/i-589)

## If you are applying in court

For the defensive path, when removal proceedings have started.

1. Tell the judge you want to ask for asylum Say it at the first (master calendar) hearing. Once you file for protection, the judge sets the individual hearing.
2. Follow the ICE attorney's instructions The ICE lawyer should give you the “Instructions for Submitting Certain Applications in Immigration Court”: what to do so the court can decide your application, including background checks and fingerprints. Follow them.
3. File with the court and pay court fees through the court's portal Form I-589 is filed with the court, not with USCIS. Fees for forms filed in court are paid only through the EOIR Payment Portal; since February 23, 2026 the court does not accept checks or money orders.
4. Do not mail the first three pages of the form to USCIS Since December 16, 2024, people with a court case do not mail the first three pages of Form I-589 to USCIS: DHS starts the background checks itself, and USCIS mails the fingerprint appointment to the address on record with the court.
5. Keep your address current If you move, file Form EOIR-33/IC with the court, or the fingerprint appointment will go to your old address.

## After you file: what to expect and what to do

1. Keep your receipt notice USCIS sends two notices: the receipt notice and the fingerprint appointment. The receipt date is your filing date for the one-year deadline.
2. Send nothing for the fingerprints You do not send a fingerprint card or a fee: it is all done at the center where you are summoned.
3. Send new evidence to the asylum office After the application is accepted, send new documents to your local asylum office, not the lockbox. All evidence must be there at least 14 calendar days before the interview.
4. Do not file the work-permit application with Form I-589 A form I-765 sent together with the I-589 is rejected as too early. File it later, once the waiting period has passed.
5. Check your case online The USCIS website has Case Status Online: enter the receipt number from your notice.
6. Pay the Annual Asylum Fee every year If the application is pending for more than a year, you pay the fee every year.
7. Stay away from the consulate of the country you fled While your asylum case is pending, QARAVAN advises not to go to the consulate of the country you are asking protection from, for a passport or any papers. If you need a document from there, ask a lawyer first.

## Special situations

- You already have a Notice to Appear Asylum applicants If the NTA was filed with the court 21 days or less before USCIS received your application, USCIS forwards it to the court. If it was filed 22 or more days before, USCIS returns the application, and you must ask for asylum in court. The USCIS page on this is dated January 2021, so check with a lawyer. [uscis.gov](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/what-happens-after-you-file-form-i-589-with-uscis)
- Unaccompanied children Under 18 According to USCIS, unaccompanied children file with USCIS even if they have a court case, and file by mail. [uscis.gov](https://www.uscis.gov/i-589)
- If you filed in the wrong place Any status An application filed in the wrong place (USCIS instead of the court, or the other way round) is rejected. Check your case [on the EOIR website](https://acis.eoir.justice.gov/en/) with your A-Number before filing. [uscis.gov](https://www.uscis.gov/i-589)

## Legal help for LGBTQ+ people

Organizations that focus on LGBTQ+ people's cases.

- Immigration Equality Asylum applicants Free Free help for LGBTQ+ people and people living with HIV seeking asylum, often with volunteer lawyers. Fill in the confidential form [on the website](https://immigrationequality.org/legal-help-inquiry-form/); the phone is only for calls from immigration detention. The form does not guarantee representation. [immigrationequality.org](https://immigrationequality.org/legal-help-inquiry-form/)
- Immigration Equality self-help guides in Russian Asylum applicants Free If you don't have a lawyer yet, the guide explains in Russian how to apply for asylum yourself based on sexual orientation, gender identity or HIV status. It was last reviewed on September 22, 2023, and fees have changed since. [immigrationequality.org](https://immigrationequality.org/selfhelp/self-help-manuals/selfhelp-manual-ru/)
- Sylvia Rivera Law Project Asylum applicants Free Helps low-income trans, gender-nonconforming and intersex immigrants with applications, but intake of new cases may be closed. Email legal@srlp.org without case details: they reply within a few days. [srlp.org](https://srlp.org/legal-services/)
- United Nations High Commissioner for Refugees (UNHCR), Washington office Asylum applicants According to USCIS, the Washington office of UNHCR, the UN Refugee Agency, can help you find people who will help fill in form I-589. [uscis.gov](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/preparing-for-your-affirmative-asylum-interview) 1775 K Street NW, Suite 300, Washington, DC 20006

## Glossary: definitions of special terms and abbreviations

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[All pages: Immigration and asylum](https://www.qaravan.org/resources/immigration/)

**Sources, checked November 2026**

- [acis.eoir.justice.gov/en](https://acis.eoir.justice.gov/en/)
- [immigrationequality.org/legal-help-inquiry-form](https://immigrationequality.org/legal-help-inquiry-form/)
- [immigrationequality.org/selfhelp/self-help-manuals/selfhelp-ma…](https://immigrationequality.org/selfhelp/self-help-manuals/selfhelp-manual-ru/)
- [srlp.org/legal-services](https://srlp.org/legal-services/)
- [nyc.gov/site/immigrants/legal-resources/moia-immigration-legal…](https://www.nyc.gov/site/immigrants/legal-resources/moia-immigration-legal-support-hotline.page)
- [dos.ny.gov/office-new-americans](https://dos.ny.gov/office-new-americans)
- [justice.gov/eoir/can-someone-represent-you-eoir](https://www.justice.gov/eoir/can-someone-represent-you-eoir)
- [nyc.gov/site/immigrants/legal-resources/avoid-immigration-serv…](https://www.nyc.gov/site/immigrants/legal-resources/avoid-immigration-services-fraud.page)
- [ag.ny.gov/resources/individuals/consumer-issues/immigration-se…](https://ag.ny.gov/resources/individuals/consumer-issues/immigration-services-fraud)
- [uscis.gov/i-589](https://www.uscis.gov/i-589)
- [uscis.gov/humanitarian/refugees-and-asylum/asylum](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum)
- [uscis.gov/humanitarian/refugees-and-asylum/asylum/preparing-fo…](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/preparing-for-your-affirmative-asylum-interview)
- [uscis.gov/humanitarian/refugees-and-asylum/asylum/what-happens…](https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/what-happens-after-you-file-form-i-589-with-uscis)
- [justice.gov/eoir/recognition-accreditation-roster-reports](https://www.justice.gov/eoir/recognition-accreditation-roster-reports)
- [justice.gov/eoir/list-of-currently-disciplined-practitioners](https://www.justice.gov/eoir/list-of-currently-disciplined-practitioners)
- [uscis.gov/forms](https://www.uscis.gov/forms)
- [nycourts.gov](https://www.nycourts.gov/)
- [ag.ny.gov/file-complaint/consumer](https://ag.ny.gov/file-complaint/consumer)