Introduction

The U.S. asylum process is a critical pathway for individuals fleeing persecution and seeking safety and a new beginning. Each year, thousands of people from different backgrounds apply for political asylum in the U.S., citing fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

How to Seek Asylum in the USA

Individuals may apply for asylum either upon arriving at a U.S. port of entry or after entering the country. To be eligible, an applicant must demonstrate a credible fear of persecution in their home country.

Understanding the U.S. Asylum Process

There are two primary types of asylum applications in the U.S., and the process you follow largely depends on how you entered the country:

• Affirmative Asylum Process: For individuals who are not in removal proceedings and who entered the U.S. legally. Applications are filed with U.S. Citizenship and Immigration Services (USCIS). These cases are handled by asylum officers and involve an interview rather than a court trial.
• Defensive Asylum Process: For individuals who are in removal (deportation) proceedings, often due to an unauthorized entry or other immigration violations. Applications are presented before an immigration judge in court.

Eligibility Requirements Under U.S. Asylum Law

Applicants must meet specific criteria to qualify for asylum:

• Filing Deadline: Applications must generally be submitted within one year of arriving in the U.S. Exceptions exist for extraordinary circumstances such as serious illness. Whether an exception applies is decided on a case-by-case basis.
• Grounds for Persecution: To qualify, applicants must demonstrate persecution based on:
  • Race or ethnicity
  • Religion or lack of religious beliefs
  • Political opinion
  • Membership in a particular social group (e.g., labor unions, LGBTQ+ communities)
  • Nationality

Applicants must provide evidence that the persecution was carried out by the government or by groups the government is unable or unwilling to control.

Impact of the “Circumvention of Lawful Pathways Rule”

Individuals who entered the U.S. via the southern border between May 11, 2023, and May 11, 2025, are subject to additional restrictions under the “Circumvention of Lawful Pathways Rule.” Under this rule, asylum seekers must meet one of the following exceptions to be eligible:

• CBP One Appointments: Applicants who scheduled appointments via the CBP One mobile app are exempt.
• Humanitarian Parole: Individuals admitted through a parole program are not affected by this rule.
• Prior Denial of Asylum in Transit Countries: Applicants who were denied asylum in a third country before arriving in the U.S. may qualify.
• Humanitarian Exceptions: Including serious medical emergencies, victims of severe trafficking or abuse, or urgent family reunification cases.

Required Documentation for U.S. Asylum Seekers

Applicants should be prepared to submit:

• Identification documents (passport, birth certificate)
• Evidence of persecution (police reports, medical records, social media activity, witness statements)
• Form I-589 (Application for Asylum and Withholding of Removal)
• Personal statement detailing experiences
• Country condition reports (reports or news articles about human rights violations in the applicant’s home country)
• Any relevant criminal records

All documents must be translated into English by a certified translator.

Note: The information in this article is based on current regulations and publicly available sources. The CLP (Circumvention of Lawful Pathways) rule was legally enacted to apply to individuals who entered the country between May 11, 2023, and May 11, 2025. However, due to the Trump administration’s decision to disable the CBP ONE APP as of January 20, 2025, the rule has not been technically enforceable in practice for individuals entering the U.S. after that date. Therefore, while such individuals may technically fall within the scope of the rule, in practice, they may need to be considered exempt or subject to an exception. Final determinations on this matter will be made by USCIS and the courts.