How Long Does an Asylum Case Take in 2026?

There are two paths to asylum in the US: affirmative asylum and defensive asylum. Affirmative asylum is when you proactively file Form I-589 with USCIS (not because you are in removal proceedings but because you are seeking asylum voluntarily). USCIS processes affirmative asylum applications and schedules an interview with an asylum officer. Due to massive backlogs, affirmative asylum interviews are typically being scheduled several years after the application is filed.

Defensive asylum is when you raise asylum as a defense in immigration court removal proceedings — either because USCIS referred your affirmative case to the court, or because you were placed in removal proceedings and assert asylum as your defense. The Los Angeles Immigration Court backlog means individual (merits) hearings may be set 3 to 6 or more years in the future from the time the case is filed.

While your asylum case is pending (either affirmative or defensive), you can generally remain in the US legally. After 150 days from filing the I-589, you can apply for work authorization (Form I-765). If granted asylum, you can apply for a green card one year later.

The one-year filing deadline is critical. You must file Form I-589 within one year of your last arrival in the US. Missing this deadline almost always bars you from asylum (with narrow exceptions). If you think you may have an asylum claim, contact Gracie Johnson Law at (310) 554-4630 immediately.