Understanding Asylum in the United States
Asylum is a form of protection that allows individuals who are present in the United States to remain here if they have suffered persecution or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Affirmative vs. Defensive Asylum
Affirmative Asylum: Filed with USCIS by individuals who are physically present in the U.S., regardless of immigration status. The applicant attends a non-adversarial interview with an asylum officer.
Defensive Asylum: Raised as a defense against removal in immigration court before an immigration judge. This typically occurs when an individual is placed in removal proceedings.
Eligibility Requirements
- Must be physically present in the United States
- Must file within one year of arrival (exceptions exist for changed or extraordinary circumstances)
- Must demonstrate past persecution or a well-founded fear of future persecution
- Persecution must be on account of one of the five protected grounds
- Must not have been firmly resettled in a third country
The Five Protected Grounds
- Race — Including ethnicity and ancestry
- Religion — Including religious identity, practice, or belief
- Nationality — Including country of origin and ethnic group
- Political opinion — Including imputed political opinion
- Particular social group — A group defined by immutable characteristics, social distinction, and particularity
Bars to Asylum
Certain individuals are barred from asylum, including those who have participated in the persecution of others, been convicted of a particularly serious crime, committed a serious nonpolitical crime outside the U.S., or pose a danger to national security.
Withholding of Removal and CAT
Individuals who do not qualify for asylum may still be eligible for withholding of removal under INA section 241(b)(3) or protection under the Convention Against Torture (CAT). These forms of relief have higher evidentiary standards but fewer bars to eligibility.
2026 Asylum Policy Changes
The current administration has implemented significant changes to asylum processing, including transit ban rules, expedited screening procedures, and third-country processing agreements. These policies are subject to ongoing litigation. Follow our Policy Tracker for the latest developments.