Can a Guatemalan still ask for asylum in the United States, and what do the official numbers say? This page lays out the rules USCIS publishes, the fees that changed in 2025, and the official numbers for Guatemalans. It does not assess any individual case. Asylum outcomes depend on facts, bars and exceptions that only a lawyer who reads your file can weigh.
In short: A Guatemalan in the United States can file for asylum through USCIS (affirmative) or as a defence in immigration court (defensive). The application is due within 1 year of your last arrival, with narrow exceptions. Since 2025 the principal applicant pays $100 at filing and an annual asylum fee each year the case is pending ($102 online on USCIS’s current schedule). DHS counted 120 affirmative and 1,610 defensive grants to Guatemalans in FY 2024. Across all nationalities, immigration judges granted 7,231 asylum applications and denied 89,740 in FY 2026 through the third quarter (EOIR). The courts’ free-help list is the EOIR pro bono list. General information, not legal advice.
The three ways a case is decided
USCIS names three:
| Route | Who it applies to | Who decides |
|---|---|---|
| Affirmative | You are physically present in the US and not in removal proceedings. USCIS says you may apply regardless of how you arrived or your current status | A USCIS asylum officer. If not approved and you have no legal status, USCIS issues a Notice to Appear and the case goes to an immigration judge, who hears it anew |
| Asylum Merits Interview | You were placed in expedited removal and found to have a credible fear | A USCIS asylum officer, or USCIS refers the case to court |
| Defensive | You are in removal proceedings in immigration court (EOIR) | An immigration judge, in a hearing where ICE represents the government. Either side can appeal |
USCIS also notes that you may live in the United States while your I-589 is pending, and that asylum applicants are not authorized to work unless they meet certain requirements (the separate work-permit rules).
Pending applications can be put on hold
On December 2, 2025 USCIS issued policy memorandum PM-602-0192, which directed staff to «Place a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), regardless of the alien’s country of nationality, pending a comprehensive review». The memo said the hold would stay in effect until lifted by the USCIS Director through a later memorandum.
The copy of the memo on USCIS’s website now carries this notice at the top: «This memorandum is no longer in effect due to court orders.» It refers readers to USCIS web alerts on two cases, Dorcas International Institute of Rhode Island v. USCIS and Red Eagle Law v. Edlow (we read the memo on September 25, 2026; we did not read those alerts or the court orders).
The point for anyone filing: a Guatemalan’s application can be held with everyone else’s, whatever the nationality, and whether a hold is in force can change with a court order or a new memo. Check USCIS’s I-589 page and ask your lawyer before relying on a timeline.
The one-year deadline
USCIS, verbatim: «You must apply for asylum within 1 year of the date of your last arrival in the United States, unless you can show:» changed circumstances that materially affect your eligibility, or extraordinary circumstances relating to the delay, and that you filed within a reasonable amount of time given those circumstances.
The deadline counts from the last arrival, a detail that matters for anyone who has travelled.
A rule that still applies to 2023-2025 border entries
USCIS’s asylum page carries an alert about the Circumvention of Lawful Pathways rule. The rule sunsetted on May 12, 2025, but USCIS says its provisions remain applicable to those who entered between May 12, 2023 and May 11, 2025, and that under the rule certain people who entered through the southwest land border or adjacent coastal borders are presumed ineligible for asylum unless they show an exception or rebut the presumption. USCIS says it continues to apply the rule while the court case (East Bay Sanctuary Covenant v. Biden) continues in the district court.
The 2025 asylum fees
Public Law 119-21 (signed July 4, 2025) added two fees to the I-589, both for the principal applicant only. USCIS’s schedule lists the form itself at $0 plus these:
| Fee | Amount on USCIS’s schedule | When |
|---|---|---|
| Asylum application fee | $100 | Due at filing |
| Annual Asylum Fee (AAF) | $102 online | For each year the application is pending; USCIS sends a notice, and says to pay within 30 days |
Rules USCIS attaches to the annual fee:
- It cannot be waived.
- The amount is adjusted each year by law.
- It is paid online with your A-Number and the receipt number on the notice.
- «If USCIS issues you an AAF notice, as long as your AAF remains payable, USCIS cannot approve your asylum application.»
Exception: as of February 5, 2026, under a court order in Ms. L. v. ICE, USCIS is not collecting these fees from Ms. L. settlement class members and their Qualifying Additional Family Members (people must register on together.gov or juntos.gov and be confirmed to qualify). USCIS says it does not agree with the decision and is evaluating its options. To file without the fee, USCIS says class members must write «Ms. L Settlement Class Member» (or «Ms. L. Settlement QAFM») at the top of the first page of a paper Form I-589 and mail it: «Do not file your Form I-589 online. If you file your Form I-589 online, we may reject it.»
The numbers for Guatemalans
DHS’s Office of Homeland Security Statistics publishes asylum grants by country of nationality in its yearbook. For Guatemala (rounded to the nearest 10, as DHS publishes them):
| Fiscal year | Affirmative grants (USCIS) | Defensive grants (immigration courts) | All nationalities, total grants |
|---|---|---|---|
| 2015 | 1,690 | 360 | 25,920 |
| 2016 | 1,270 | 630 | 20,280 |
| 2017 | 2,000 | 950 | 26,340 |
| 2018 | 1,300 | 1,020 | 37,650 |
| 2019 | 1,030 | 1,540 | 45,780 |
| 2020 | 410 | 1,430 | 30,680 |
| 2021 | 410 | 890 | 16,450 |
| 2022 | 280 | 2,000 | 35,160 |
| 2023 | 170 | 2,370 | 51,550 |
| 2024 | 120 | 1,610 | 68,170 |
Two things the table shows: affirmative grants to Guatemalans fell from 2,000 in FY 2017 to 120 in FY 2024, while grants in immigration court moved between 360 and 2,370 over the decade. These are grants only. The yearbook tables do not report denials or pending cases by nationality, so they cannot be turned into a Guatemalan approval rate.
What the immigration courts are deciding now (all nationalities)
EOIR’s own adjudication statistics (data generated July 24, 2026) do not break decisions down by nationality. For all nationalities:
| Fiscal year | Grants | Denials | Abandonment | Not adjudicated | Withdrawn | Admin. closure | Total decisions |
|---|---|---|---|---|---|---|---|
| 2024 | 32,436 | 38,529 | 18,444 | 145,741 | 14,456 | 20,707 | 270,313 |
| 2025 | 26,599 | 82,431 | 51,654 | 78,243 | 15,120 | 13,875 | 267,922 |
| 2026 (through Q3) | 7,231 | 89,740 | 92,081 | 44,062 | 18,251 | 3,315 | 254,680 |
EOIR counted 2,324,099 asylum applications pending in the immigration courts as of July 24, 2026 (when the data were generated), and 199,069 filed in FY 2026 through the third quarter (69,852 affirmative, 129,217 defensive).
Free legal help: where the government points
- EOIR List of Pro Bono Legal Service Providers. Published quarterly (January, April, July, October). It lists non-profit organisations and attorneys who have committed to at least 50 hours a year of free services before the immigration court where they appear, plus referral services. EOIR says it is provided to individuals in immigration proceedings and may not be used to solicit paid work.
- A lawyer in Guatemala is a different profession. The US Embassy in Guatemala notes that each of the roughly 31,000 lawyers registered there can act as a notary public. For documents or a case on the Guatemalan side, see hiring a lawyer in Guatemala from the USA.
Not the same topic
The agreement under which the US sends some non-Guatemalan Central Americans to Guatemala, where they may ask Guatemala for protection, is covered in the US-Guatemala asylum cooperative agreement.
Related
- TPS and Guatemalans: Guatemala’s TPS status
- Family reunification parole for Guatemalans: terminated, what the court paused
- What happens when a deportation flight lands in Guatemala
Sources, read on 24 September 2026: USCIS pages Obtaining Asylum in the United States and Form I-589; USCIS fee schedule G-1055, edition 09/09/26 (retrieved 23 September 2026); DHS Office of Homeland Security Statistics, 2024 Yearbook of Immigration Statistics, Asylees data tables 16, 17 and 19 (published August 2026); EOIR Adjudication Statistics, Asylum Decisions and Total Asylum Applications (data generated July 24, 2026); EOIR List of Pro Bono Legal Service Providers page. Read on 25 September 2026: USCIS policy memorandum PM-602-0192 (December 2, 2025). General information, not legal advice.
Frequently Asked Questions
Can Guatemalans still apply for asylum in the US in 2026?
USCIS describes three ways asylum is decided: the affirmative process with USCIS, an Asylum Merits Interview after a positive credible fear screening, and the defensive process in immigration court. For the affirmative route USCIS says you must be physically present in the United States and may apply regardless of how you arrived or your current status, within the deadline and bars the law sets. Decisions can be suspended: a December 2, 2025 USCIS memo put every pending I-589 on hold regardless of nationality; USCIS’s copy of that memo now says it is no longer in effect due to court orders.
What is the deadline to apply for asylum?
USCIS states that you must apply within 1 year of the date of your last arrival in the United States, unless you can show changed circumstances that materially affect your eligibility, or extraordinary circumstances relating to the delay, and you filed within a reasonable time given those circumstances.
How much does it cost to apply for asylum?
USCIS’s fee schedule (Form G-1055, edition 09/09/26) lists the I-589 with a $100 fee due at filing for the principal applicant, under Public Law 119-21, plus an Annual Asylum Fee for the principal applicant for each year the application is pending, listed as $102 online and due when USCIS sends a notice. USCIS says the annual fee cannot be waived and is adjusted each year. As of February 5, 2026 these fees do not apply to Ms. L. settlement class members and their qualifying family members.
How many Guatemalans get asylum in the US?
DHS’s 2024 Yearbook of Immigration Statistics counts individuals granted asylum by nationality. For Guatemala it shows 120 affirmative grants (USCIS) and 1,610 defensive grants (immigration courts) in fiscal year 2024, rounded to the nearest 10. Those are grants only; the yearbook table does not give denials by nationality.
Where can I find free legal help for an asylum case?
The immigration courts (EOIR) publish a List of Pro Bono Legal Service Providers every quarter (January, April, July and October). It lists non-profits and attorneys who have committed to at least 50 hours a year of free services before the immigration court where they appear. It is given to people in immigration proceedings.
