To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.
Generally you must apply for asylum within one year of the date of their last arrival in the United States, unless you can show that your circumstances have changed and those changed circumstances now make you eligible for asylum.
You may live in the United States while your application is pending before USCIS. If you are found ineligible, you can remain in the United States while your application is pending with the Immigration Judge. However, most asylum applicants are not authorized to work.
For more information, including fees and timelines, please contact us.
