People ask us this question more than almost any other. And honestly, the confusion makes sense, because the short answer is yes, but the full answer is far more complicated than that. The landscape around asylum law has shifted significantly in recent years, and what was true a few years ago may not fully apply today. If you or someone you care about entered the United States without documentation and is now wondering whether asylum is still an option, this post is for you.
Asylum law has always been one of the more nuanced areas of U.S. immigration law, and recent policy changes have added layers of complexity that even experienced practitioners are working through in real time. Federal law generally permits people to apply for asylum regardless of how they entered the country or their current immigration status. That foundational principle still exists. But a growing number of executive actions, regulatory rules, and court battles have created real barriers, particularly for those who crossed the southern border between ports of entry.
The Basic Rule: How You Got Here Does Not Automatically Bar You
Under federal law, you may generally apply for asylum regardless of how you arrived in the United States or your current immigration status. That is a meaningful protection. It means that crossing without papers does not, under the asylum statute itself, eliminate your ability to seek asylum, although current border policies and litigation may restrict access. Asylum status may be granted to people who have been persecuted or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion.
Those five protected grounds matter a great deal. Your fear of returning home has to connect to at least one of them. General hardship, economic difficulty, or even widespread violence in your country may not be enough on its own. The applicant must show that one of these protected grounds was or will be at least one central reason for persecuting the applicant, and that the alleged persecution is from the government or groups that the government is unable or unwilling to control. That is a meaningful legal standard, and building a case around it takes careful preparation.
The One-Year Filing Deadline. Do Not Miss It.
To apply for asylum in the U.S., you must be physically present in or have arrived in the U.S., and you should file Form I-589, Application for Asylum and for Withholding of Removal, with the agency that has jurisdiction over your case within one year of your arrival in the United States, unless you qualify for an exception to the one-year filing deadline. The timing here is CRITICAL. In many cases, missing the one-year deadline is the sole reason the government denies an asylum application.
There are exceptions, but they are narrow. An asylum applicant can demonstrate that they are eligible for an exception to this rule if there are changed circumstances or extraordinary circumstances relating to the delay in filing the application. Changed circumstances might include a shift in conditions in your home country after you arrived, or a change in U.S. law that now affects your eligibility. Extraordinary circumstances might include a serious illness, the death of a family member, or being misled by someone who was not a legitimate attorney. The application must still be filed within a reasonable period of time after the changed or extraordinary circumstances occur in order to warrant an exception to the one-year deadline.
We encourage people to reach out early, before that one-year window closes, rather than trying to argue an exception after the fact.
Two Paths: Affirmative and Defensive Asylum
There are two primary ways in which a person may apply for asylum in the United States: affirmatively and defensively.
A person who is not in removal proceedings may affirmatively apply for asylum through USCIS. That means you proactively file your application and go through an interview with an asylum officer. Most applications filed in Illinois are scheduled at the Chicago Asylum Office. If that officer does not grant your application and you do not have a lawful immigration status, your case gets referred to the immigration court.
A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. This path runs through immigration court, where a judge hears your case. The Chicago Immigration Court is located at 55 E. Monroe St, Suite 1500, Chicago, IL 60603. If you find yourself in removal proceedings, you may still raise your asylum claim there, but the process is more formal and the stakes are higher. Failing to attend any scheduled hearing in Chicago’s immigration court system can trigger a removal order, so tracking case dates and making timely court appearances is essential.
What Happens If Your Application Is Not Approved
Not every denial is the end of the road. Those deemed ineligible for asylum may be considered for withholding of removal and protection under the Convention Against Torture. These are different forms of protection with different legal standards, but they can still prevent someone from being returned to a country where they face serious harm. An attorney can help evaluate whether these alternative forms of relief apply to your situation.
There is also the appeals process. At the conclusion of removal proceedings in immigration court, either party may appeal certain immigration judge decisions to the Board of Immigration Appeals, which is EOIR’s appellate body. In qualifying cases, the respondent may then file a petition for judicial review of a final order of removal with a federal circuit court of appeals. That process takes time and requires strong legal representation, but it exists.
What a Strong Asylum Application Looks Like
Strong cases are built on specifics. The application, Form I-589, needs to tell your story clearly and connect your experiences to one of the five protected grounds. To support the claim, it is important to include evidence such as medical records, police reports, witness statements, and reports about conditions in the home country. Vague descriptions of danger are generally not enough. The more specific and documented your account, the stronger your position.
One of the most important parts of any asylum case is credibility. If there are differences between what the applicant writes in their application, says during the interview, or testifies to in court, it can raise doubts and hurt the case. Consistency matters. That is not a small thing, and it is one of the reasons having legal guidance during the preparation process can make a real difference.
Reach Out Before the Window Closes
Asylum law right now is not simple. The rules are shifting, the courts are divided, and the consequences of a misstep can be severe. If you entered the U.S. without papers and believe you may qualify for asylum, the time to act is now, not after the one-year deadline has passed, and not after a removal order has been issued.
At Borjas Law Group, LLC, we work with clients throughout the Chicago area who are navigating exactly these situations. Every case is different, and what applies to one person may not apply to another. We are here to help you understand where you stand and what options may be available to you. Reach out to our team to schedule a consultation.
