Basic eligibility requirements for filing Asylum in the U.S.
Basic eligibility requirements for filing Asylum in the U.S.
The person may only file this application if he/she is physically present in the United States, and they are not a U.S. citizen. Specifically, the asylum applicant may claim based on their race, religious, nationality, membership in a particular social group and political opinion. According to INA §101(a)(42)(A); title 8 C.F.R. § 1208.13(b), to get granted asylum status, the person must prove the four elements of: (1) harm constituting persecution, (2) protected ground, (3) nexus, and (4) state action.
At this time, affirmative asylum applicants can only online Form I-589. Affirmative asylum applicants may not file an online Form I-589 if they:
are in proceedings in immigration court or before the Board of Immigration Appeals;
are an unaccompanied alien child as defined in 6 U.S.C. § 279(g) and are in removal proceedings;
are among the categories of applicants who must currently file by mail with the Asylum Vetting Center as outlined in the Special Instructions section of webpage; or
already submitted a Form I-589, which is still pending with USCIS.
Ineligibility for Asylum
According to Circumvention of Lawful Pathways (CLP) rule, certain individuals who enter the United States through its southwest land border or adjacent coastal borders are presumed to be ineligible for asylum, unless they can demonstrate an exception to the rule or rebut the presumption.
Regarding Asylum cases with STCA agreement
USCIS announced that starting on August 14, 2024, asylum officers will conduct threshold screening interviews (TSI) for alien who are processed pursuant to the U.S.-Canada Third Country Agreement (STCA) will consider credible testimony, documents, and other reliable evidence available at the time of the TSI. A lack of documentary evidence alone does not preclude alien from establishing that they qualify for an exception to the STCA.
For more detailed information about “General Information of Filing Asylum”, please see the link below at
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
