Protection for people who fear persecution, and for victims of trafficking or certain crimes. These cases are complex and the rules have been changing.
Verified against official sources on 2026-10-25Last verified: 2026-10-25
Core facts, form edition dates, fees and recent notices were checked against the official pages listed below on October 25, 2026. Sections marked 'Our guidance' are our own advice, not official text. Some official pages show older 'last updated' dates. Humanitarian cases are very sensitive, so please get help from a licensed immigration attorney or an accredited representative.
There are four main humanitarian routes. Asylum is for people already in the U.S. who fear persecution. Refugee resettlement is for people outside the U.S., and USCIS says you must receive a referral to the U.S. Refugee Admissions Program to be considered. T status is for victims of severe forms of human trafficking. U status is for victims of certain crimes who help law enforcement. None of these is a quick or guaranteed route, and the rules in 2026 are changing quickly. If you are in danger now, contact local emergency services.
Asylum: you are physically present in the U.S. and fear persecution because of race, religion, nationality, membership in a particular social group or political opinion
I-589
File within one year of your arrival in the U.S. unless an exception applies.
Refugee: you are outside the U.S., of special humanitarian concern, and have suffered or fear persecution on those grounds
I-590
You must be referred to the U.S. Refugee Admissions Program. Entry through the program is currently suspended unless an exception applies.
T status: victims of severe forms of trafficking in persons who are physically present in the U.S. because of it
I-914
Must show extreme hardship if removed, and generally cooperate with reasonable law enforcement requests, with exceptions.
U status: victims of certain crimes who suffered mental or physical abuse and are, were or will be helpful to law enforcement
I-918
Needs a certification from a law enforcement or other certifying agency. Capped at 10,000 principal petitioners a year.
Where are you?
1. Are you in the United States?
Yes: Asylum may be possible, and T or U status if you were a victim of trafficking or of a qualifying crime. Asylum has a one-year deadline from arrival, with exceptions.
No: Asylum requires physical presence in the U.S. Refugee resettlement needs a referral to the U.S. Refugee Admissions Program, and USCIS says entry through it is suspended unless an exception applies.
2. Were you a victim of trafficking or a crime in the U.S.?
Yes: Ask about T status (trafficking) or U status (crime). Both have family member options. A victim support organization can help you.
A simplified outline of the asylum route. Other routes follow their own steps.
Be in the U.S. and file Form I-589Within one year of arrival, unless an exception applies.
Biometrics and interviewUSCIS schedules them. New rules apply to rescheduling and evidence timing.
DecisionUSCIS may grant asylum or refer the case to an immigration judge.
If asylum is grantedUSCIS says you are immediately authorized to work, you may petition for a spouse and children within 2 years using Form I-730, and you may be approved for a green card 1 year after the grant.
Government fees as published by the agencies, checked on Oct 25, 2026. Fees change, so confirm on the official page before you pay. These are not Move to America's prices.
Paid to USCIS
Form
What it is for
Fee
Timing
I-589
Asylum applicationUSCIS lists additional fees required by Public Law 119-21 for the principal applicant that cannot be waived, with amounts of $100 and $105 (online), and an annual asylum fee that USCIS will notify you about. Check the fee calculator for the exact amounts for your case.
Missing the one-year asylum filing deadline without checking for an exception
Paying someone who promises a guaranteed result, or an unlicensed 'notario'
Not telling the truth. A false statement can seriously harm a case
Not keeping copies of everything you file
Missing an interview or a biometrics appointment, which can lead to dismissal
Assuming you can apply for refugee status or asylum from outside the U.S. directly with USCIS
Frequently asked questions
Can I apply for asylum from another country?
USCIS says you may only file for asylum if you are physically present in the United States.
Can I apply directly to be a refugee?
USCIS says you must receive a referral to the U.S. Refugee Admissions Program to be considered, and that entry through the program is suspended unless an exception applies.
Does T or U status cost anything to apply?
USCIS lists the T application as fee-exempt, and its fee schedule lists $0 for the I-914 and I-918.
Is there a limit on U visas?
USCIS says the limit on U visas for principal petitioners is 10,000 each year, and that a waiting list is created when it is reached.
Official notices that may affect humanitarian cases. Checked on October 25, 2026. Rules change often, so open the source before you act.
Aug 26, 2026 · USCIS
New asylum interview and evidence rules (effective August 21, 2026)
USCIS says that for affirmative asylum interviews you must establish exceptional circumstances for USCIS to reschedule, submit evidence 14 calendar days before your scheduled interview, and submit a biometrics reschedule request within 10 calendar days of a missed appointment. A missed interview may lead to dismissal or referral to an immigration judge.
Rule affecting some people who entered at the southwest border
USCIS says certain people who entered through the southwest or adjacent coastal borders between May 12, 2023 and May 11, 2025 are presumed ineligible for asylum unless they can show an exception.
Refugee admissions are suspended unless an exception applies
USCIS says an executive order suspended entry of refugees through the U.S. Refugee Admissions Program as of January 27, 2025, unless an exception applies. It also says that from April 23, 2026 it no longer accepts or considers Requests for Review for Form I-590.
USCIS says some fees required under Public Law 119-21 for asylum applicants cannot be waived. It also says these additional fees do not apply to Ms. L. Settlement Class members and their qualifying additional family members, under a court order, as of February 5, 2026.
Entry restrictions for nationals of listed countries
A presidential proclamation effective January 1, 2026 restricts entry and visas for nationals of listed countries. Its text says it does not apply to people already granted asylum in the U.S. or to refugees already admitted.
Check whether the January 2026 proclamation affects your nationality.
Full restriction
Afghanistan
Burma
Burkina Faso
Chad
Republic of the Congo
Equatorial Guinea
Eritrea
Haiti
Iran
Laos
Libya
Mali
Niger
Sierra Leone
Somalia
South Sudan
Sudan
Syria
Yemen
Travel documents issued or endorsed by the Palestinian Authority are also covered by the full restriction.
Partial restriction (immigrant visas, and B, F, M and J visas)
Angola
Antigua and Barbuda
Benin
Burundi
Cuba
Côte d'Ivoire
Dominica
Gabon
The Gambia
Malawi
Mauritania
Nigeria
Senegal
Tanzania
Togo
Tonga
Venezuela
Zambia
Zimbabwe
Immigrant visas only
Turkmenistan
Exceptions in the proclamation text
Lawful permanent residents of the United States.
Dual nationals travelling on a passport from a country that is not on the lists.
Holders of certain diplomatic and international organization nonimmigrant visas (A-1, A-2, C-2, C-3, G-1 to G-4, NATO-1 to NATO-6).
Certain athletes and teams, with support staff and immediate relatives, travelling for major sporting events as determined by the Secretary of State.
Special Immigrant Visas for U.S. government employees, and immigrant visas for ethnic and religious minorities facing persecution in Iran.
People who already held a valid visa on January 1, 2026. The proclamation says those visas are not revoked.
People already granted asylum in the U.S., and refugees already admitted.
Case-by-case national-interest exceptions can be granted by the Secretary of State or the Secretary of Homeland Security.
The proclamation text we read lists no exception for immediate-relative or adoption immigrant visas.
For Burundi, Cuba, Togo and Venezuela the text says entry stays limited as set out in an earlier proclamation (10949) and in this one, so check the State Department page for the exact visa categories.
We read the proclamation as published. It may have been amended since. Check the State Department page before you plan or pay for anything.
Ticking items is just a way to keep track. It does not mean your application is ready or will be approved.
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Move to America is an independent information and preparation service. We are not a government agency, not affiliated with USCIS or the U.S. government, and not a law firm. Nothing here is legal advice, and we cannot guarantee any visa or immigration outcome.