Asylum

There are 3 ways of obtaining asylum in the United States: The affirmative process; An Asylum Merits Interview after a positive credible fear determination; or The defensive process.

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status.

Although the CLP rule sunsetted on May 12, 2025, its provisions remain applicable to those who entered the United States between May 12, 2023, and May 11, 2025.

Under the rule, certain individuals who entered 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.

You may apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS.

If you are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to your country, you will be referred to USCIS for a credible fear screening.

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

If you did not file an asylum application with USCIS, you must submit a Form I-589 to an immigration judge with EOIR if you wish to apply for asylum.

You may live in the United States while your Form I-589 is pending before USCIS. If you are found ineligible, you can remain in the United States while your Form I-589 is pending with the immigration judge. Asylum applicants are not authorized to work unless you meet certain requirements. For more information, please see Permission to Work in the United States. Affirmative asylum applicants are rarely detained by U.S. Immigration and Customs Enforcement (ICE).

To determine where to file your Form I-589, follow the instructions under the “Where to File” section on our Form I-589 page.

For information about the Executive Office for Immigration Review, including the Immigration Courts and the Board of Immigration Appeals, see Executive Office for Immigration Review.