What is the one-year filing deadline for asylum?

You must file Form I-589 within one year of your last arrival in the United States. Exceptions exist for changed circumstances or extraordinary circumstances, but these are difficult to establish. Missing the deadline can permanently bar you from asylum [§ 8 U.S.C. 1158(a)(2)].

Can I work while my asylum case is pending?

You may apply for work authorization 150 days after filing a complete asylum application [§ 8 C.F.R. 208.7] if no decision has been made. The EAD is typically issued 180 days after filing if the case remains pending.

What is the difference between asylum and withholding of removal?

Asylum requires a "well-founded fear" of persecution (roughly a 10% chance). Withholding of removal requires showing persecution is "more likely than not" (over 50%). Asylum leads to a [def:green card] after one year; withholding does not [§ 8 U.S.C. 1231].

Topic guideUpdated 2026-02-27

Asylum & Refugee Protection in Virginia

Affirmative and defensive asylum, withholding of removal, TPS, and credible fear screening in Virginia.

Asylum is available to individuals in the United States who have been persecuted or fear persecution based on a protected ground: race, religion, nationality, political opinion, or membership in a particular social group §8 U.S.C. 1158.

Affirmative vs. defensive asylum

Affirmative asylum

Filed with USCIS (Form I-589) within one year of arrival §8 U.S.C. 1158. An asylum officer conducts a non-adversarial interview. If not granted, the case is referred to immigration court.

Defensive asylum

Raised as a defense in removal proceedings before an immigration judge. The applicant bears the burden of proving eligibility.

Credible fear screening

Individuals encountered at the border or subject to expedited removal undergo a credible fear interview. If a credible fear is found, the case proceeds to immigration court §8 U.S.C. 1225.

Related protections

Withholding of removal §8 U.S.C. 1231: Higher standard than asylum ("more likely than not") but provides non-refoulement protection. Does not lead to a green card.

Convention Against Torture (CAT): Protection against return to a country where you would face torture. Available even to individuals with criminal bars to asylum.

Temporary Protected Status (TPS) §8 U.S.C. 1254a: Available to nationals of designated countries experiencing armed conflict, natural disaster, or other extraordinary conditions.

Immigration court for Virginia

Cases are heard at the Arlington Immigration Court (one of the busiest courts in the nation, handling cases from Virginia, Maryland, and surrounding areas). Detention: Immigration Centers of America — Farmville (Farmville, VA); Caroline Detention Facility (Bowling Green, VA)

Benefits while case is pending

Limited to emergency Medicaid and federally mandated emergency services. Virginia provides prenatal care coverage regardless of immigration status through FAMIS MOMS. School enrollment is available to all children regardless of status.

⚠The one-year filing deadline for affirmative asylum is strictly enforced. If you have been in the U.S. for more than one year without filing, consult an attorney immediately — limited exceptions may apply based on changed or extraordinary circumstances.

Prepare for Your Consultation

Quick checklist (Immigration)

Gather these before your first consultation.

Valid identification

(passport, birth certificate, national ID)

Immigration documents

(visa, I-94, approval notices, prior petitions)

Supporting evidence

(employment records, family ties, financial docs)

General preparation tips only. Specific needs depend on your case type and immigration status.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Virginia attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions