New Asylum Rules: What Virginia Immigrants Need to Know

 Posted on October 08, 2025 in English

Under the current administration, immigration laws in the United States are changing rapidly, and asylum rules are no exception. Recent changes have altered the process by which immigrants apply for, qualify for, or maintain asylum protections. Immigrants and their families in Virginia and across the nation can find that these changes can make the difference between being granted protection and facing deportation. It is important to keep up with the changes and to consult with an experienced Herndon, VA immigration lawyer.  

What Is Asylum?

A person who is already in the United States or at a port of entry and meets the definition of a refugee, but applies for asylum from within the U.S., is applying for asylum. Both asylum and refugee status require a well-founded fear of persecution because of religion, nationality, race, political opinion, or membership in a specific social group.

Other requirements for an asylum application include:

• You must be able to prove you cannot or will not be protected by your home country
• You must be able to provide concrete examples and firsthand knowledge to support your fear of persecution.
• You must submit the correct form (I-589) to the USCIS and attend an interview or court hearing.
• You must be physically present in the United States.
• You must not have any "mandatory bars" that would prevent you from being granted asylum.
• If you are in removal proceedings, you will file with the Executive Office for Immigration Review.

Once your asylum application is received, you may become eligible to apply for a work permit after 150 days. If granted asylum, you may be able to file petitions for your spouse and unmarried children under the age of 21 to join you in the U.S.

How Does Asylum Differ from Refugee Status and Other Immigration Protections?

There are other immigration protections, such as withholding of removal, which can be used to prevent removal to a country where the individual faces torture, but not necessarily persecution. Asylum seekers apply to the USCIS for affirmative asylum or defensively, during removal proceedings. Immigrants who move for economic reasons, for family reasons, or to improve their lives, but do not face a direct threat of persecution in their home country, do not qualify for asylum or refugee status.

What Are the Changes to Asylum in 2025?

New asylum rules take effect in October 2025. Starting on October 1, anyone with a pending asylum application must pay a $100 annual fee for each year the application is pending. The fee is non-waivable and must be paid online within 30 days of receiving notice. Fewer people will be unable to access asylum protection in the United States after crossing the border.

The government will be subjecting some individuals to expedited removal and credible fear interviews. There are now stricter timelines for asylum seekers, expanded documentation demands, and changes in how asylum officers evaluate claims. Finally, there is newly heightened scrutiny of certain country conditions.

What Effect Could These Changes Have on Virginia Asylum Seekers?

There will likely be longer wait times for asylum seekers and case backlogs as a result of these procedural changes. There is an increased risk of denial of asylum applications, especially when the individual does not have legal guidance. Under the new, tighter deadlines, it can be difficult to gather sufficient evidence of persecution or prove eligibility.

There is a significantly increased risk of being placed in expedited removal if a deadline is missed or a new rule is misunderstood. Self-representation in asylum issues carries a distinct risk. A knowledgeable immigrant attorney understands the necessity for stronger evidence and the new rules and will be able to ensure compliance with those rules.

Contact a Fairfax County, VA Asylum Lawyer

Recent changes to the asylum process can definitely make it more complex, not to mention stressful. You should never face the process alone. A highly skilled Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC can help you navigate the evolving laws, protect your rights, and build a strong case on your behalf. Attorney Ruiz has more than 20 years of experience and offers support and full-service. Call 571-441-2233 to schedule your initial attorney meeting. Attorney speaks English and Spanish.