How to Apply for Asylum in the United States: A 2026 Guide for California Residents

Last Updated: February 2026

If you are in the United States and fear returning to your home country because of persecution, you may be eligible to apply for asylum. The asylum process protects people who have suffered harm or face serious threats based on their race, religion, nationality, political opinion, or membership in a particular social group.

This guide walks you through every step of applying for asylum in 2026, including critical new rule changes that affect how and when you must file. If you live in California, we also cover which USCIS field offices handle asylum cases and what to expect at each stage of the process.

What Is Asylum and Who Qualifies?

Asylum is a form of immigration protection granted to individuals who meet the legal definition of a “refugee” under the Immigration and Nationality Act (INA). To qualify, you must demonstrate that you have suffered persecution or have a well-founded fear of future persecution based on at least one of five protected grounds:

Who Cannot Apply for Asylum?

Not everyone is eligible. You may be barred from asylum if:

• You can be safely removed to a third country where you would not face persecution
• You have been convicted of a “particularly serious crime” in the United States
• You have persecuted others
• You are considered a danger to U.S. security
• You have previously been denied asylum (unless circumstances have materially changed)
• You did not file within one year of arriving in the United States, unless you can show changed or extraordinary circumstances that excuse the late filing

Affirmative Asylum vs. Defensive Asylum: What Is the Difference?

There are two paths to asylum in the United States. Which one applies to you depends on whether you are already in removal (deportation) proceedings.

For California residents facing removal proceedings, your case will typically be heard at one of California’s immigration courts in San Francisco, Los Angeles, San Diego, or Sacramento.

Step-by-Step: How to File an Affirmative Asylum Application

Step 1: Determine Your Eligibility

Before filing, confirm that you meet the basic requirements. You must be physically present in the United States, and you should file within one year of your most recent arrival. Gather any documents that show when you entered the country, such as your I-94 record, passport stamps, or other travel records.

Step 2: Complete Form I-589

Form I-589 is the official asylum application. It is available for free on the USCIS website. The form asks for your biographical information, information about your spouse and children, your immigration history, and details about why you are seeking asylum.

Step 3: Gather Supporting Evidence

Strong asylum cases are built on evidence. Types of evidence that can support your case include:

• Country condition reports from the U.S. State Department, human rights organizations (Amnesty International, Human Rights Watch), and news sources
• Personal documents such as police reports, medical records, photographs of injuries, threatening messages, or membership cards
• Affidavits from family members, friends, or others who can confirm your experiences
• Professional declarations from country conditions analysts, psychologists, or medical professionals

Step 4: File Your Application

Mail your completed Form I-589 and all supporting documents to the USCIS Service Center specified in the filing instructions. There is no filing fee for Form I-589 itself.

Step 5: Biometrics Appointment

USCIS will schedule you for a biometrics appointment at a local Application Support Center (ASC). In California, ASC locations include offices in San Diego, Los Angeles, San Jose, Sacramento, San Francisco, and Fresno. At this appointment, your fingerprints and photograph will be taken for background checks.

Step 6: The Asylum Interview

After your biometrics are processed, USCIS will schedule your asylum interview. In California, affirmative asylum interviews are conducted at:

• San Francisco Asylum Office — handles cases for Northern California and parts of the Pacific Northwest
• Los Angeles Asylum Sub-Office — handles cases for Southern California

Step 7: Receive a Decision

After the interview, the asylum officer will make a decision. In most cases, you will not receive the decision the same day. Possible outcomes:

• Granted: You are approved for asylum and can apply for a green card after one year.
• Referred to Immigration Court: Your case goes before a judge. This is not the end — you will have a full hearing.
• Recommended Approval: The officer recommends approval, pending additional review.
• Notice of Intent to Deny (NOID): USCIS gives you a chance to respond before a final denial.

Our experienced immigration attorneys guide you through every step of the asylum process

Critical 2026 Changes to the Asylum Process

The 14-Day Evidence Deadline (Effective March 30, 2026)

The 14-day window means that you need to have your evidence substantially ready before you file your I-589. If you are preparing an asylum application, do not wait to begin gathering your evidence. Work with an attorney to collect country condition reports, personal declarations, medical records, and affidavits well in advance of filing.

An experienced asylum lawyer in Los Angeles or San Diego can help you build a complete evidentiary package before you file.

USCIS Processing Pause on Asylum Cases

In 2025 and continuing into 2026, USCIS has experienced significant processing delays and pauses on certain asylum cases. If your case is affected by a processing delay, it is important to:

• Keep your address updated with USCIS at all times (use Form AR-11)
• Respond to any USCIS notices promptly
• Continue to maintain any work authorization (EAD) renewals on schedule
• Stay in contact with your attorney about case status updates

New $102 Annual Fee

Starting in 2026, USCIS has introduced a $102 annual fee for asylum seekers with pending cases. This fee is separate from any other filing fees. Fee waivers are available for those who demonstrate inability to pay.

Work Authorization While Your Asylum Case Is Pending

After filing Form I-589, you may be eligible to apply for an Employment Authorization Document (EAD) if your case has been pending for a certain period without a decision. Historically, the waiting period has been 180 days from filing, though policy changes in recent years have affected this timeline.

Asylum Timelines: How Long Does the Process Take in 2026?

Timelines vary widely depending on the type of case, the USCIS office or immigration court handling your case, and current backlogs.

California-Specific Information for Asylum Seekers

USCIS Field Offices in California

Immigration Courts in California

• San Francisco Immigration Court
• Los Angeles Immigration Court (multiple locations)
• San Diego Immigration Court
• Sacramento Immigration Court

California’s Immigrant-Friendly Policies

LGBTQ+ Asylum Claims

If you are seeking asylum based on your sexual orientation or gender identity, you may qualify under the “particular social group” category. The United States has recognized LGBTQ+ identity as a basis for asylum in numerous cases, particularly when applicants come from countries where LGBTQ+ individuals face violence, imprisonment, or death.

LGBTQ+ asylum cases require careful preparation because you must demonstrate both your identity and the persecution or fear of persecution connected to it. If you are an LGBTQ+ asylum seeker in California, an experienced LGBTQ+ asylum attorney can help you present your case effectively.

What Happens After Asylum Is Granted?

Common Mistakes That Can Hurt Your Asylum Case

1. Missing the one-year filing deadline without a valid exception
2. Submitting an incomplete or vague personal declaration that does not clearly explain the persecution you faced
3. Inconsistencies between your written application, supporting documents, and interview testimony
4. Failing to gather evidence before the new 14-day deadline takes effect
5. Not keeping USCIS updated with your current address
6. Traveling back to your home country after receiving asylum (this can lead to termination of your status)
7. Filing without legal representation — asylum cases are legally and factually demanding, and having an attorney significantly increases your chances of success

Why Legal Representation Matters

Studies consistently show that asylum seekers with legal representation are far more likely to win their cases than those who appear without an attorney. According to research from the Transactional Records Access Clearinghouse (TRAC), represented asylum seekers in immigration court are granted relief at significantly higher rates than unrepresented individuals.

An experienced immigration attorney can evaluate whether you qualify for asylum or another form of protection, help you prepare a thorough personal declaration, gather and organize supporting evidence, prepare you for your interview or court hearing, and navigate the constantly changing rules and deadlines.

Whether you are in San Francisco, Los Angeles, San Diego, or anywhere else in California, having knowledgeable legal counsel by your side can make a real difference in the outcome of your case.

Our dedicated team serves asylum seekers across California from our San Diego and San Rafael offices

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and changes frequently. The information in this article reflects the law as of February 2026 and may not reflect subsequent changes. Every case is different, and the outcome of your case will depend on your specific facts and circumstances. Reading this article does not create an attorney-client relationship with Bueno Immigration or any of its attorneys. If you need legal advice about your immigration situation, please contact a qualified immigration attorney.