Asylum in the United States, explained clearly
Asylum protects people who were persecuted, or fear persecution, in their home country. It is a serious process with strict deadlines. This guide covers the basics.
Who can apply?
A non-citizen physically present in the U.S. who was persecuted or fears persecution because of one of five grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Violence or poverty alone is not always enough; there must be a link to one of those grounds. Legal bars can also disqualify an applicant.
Affirmative or defensive
If you are not in removal proceedings, you file with USCIS (affirmative asylum). If you are already in immigration court, you file with the judge (defensive asylum). Both use Form I-589.
The one-year deadline: generally you must file Form I-589 within one year of arriving in the U.S. Limited exceptions exist for changed or extraordinary circumstances. If a year has passed, get advice right away.
People who entered across the southwest border between May 12, 2023 and May 11, 2025 may face a presumption of ineligibility under the Circumvention of Lawful Pathways rule, according to USCIS. Talk to a lawyer about your case.
Sources
- USCIS, “Asylum”, last updated 08/26/2026 (accessed Oct. 26, 2026).
- GovInfo (U.S. Government Publishing Office), “8 U.S.C. § 1158 (INA § 208, asylum), 2023 edition” (accessed Oct. 26, 2026).
- USCIS, “I-589, Application for Asylum and for Withholding of Removal” (accessed Oct. 26, 2026).