Asylum provides protection to people fleeing persecution who are already in the United States or arriving at a port of entry. To qualify, you must prove you experienced or fear persecution based on a protected ground. Understanding eligibility requirements helps you build the strongest possible case.
The Two Requirements for Asylum
Asylum requires proving two things: you suffered persecution or have a well-founded fear of future persecution, and the persecution is based on a protected ground—race, religion, nationality, political opinion, or membership in a particular social group.
Both elements must be established. Persecution without a protected ground doesn't qualify. A protected characteristic without persecution doesn't qualify.
What Qualifies as Persecution?
Persecution means serious harm or the threat of serious harm that the government either inflicts or cannot or will not control. Not all mistreatment rises to persecution—it must be sufficiently serious.
Examples of persecution include physical violence or torture, rape or sexual assault, imprisonment or detention, death threats, severe economic harm that threatens survival, and forced sterilization or female genital mutilation.
General crime, civil war violence affecting everyone, or economic hardship alone typically don't constitute persecution unless connected to a protected ground.
Past Persecution vs. Future Fear
You can establish eligibility through past persecution—harm you already experienced—or well-founded fear of future persecution. Past persecution creates a presumption of future fear, which the government must rebut by showing circumstances have changed.
"Well-founded fear" requires both subjective fear (you're genuinely afraid) and objective reasonableness (the fear makes sense given conditions in your country). You don't need to prove persecution is certain—just that it's a reasonable possibility.
The Protected Grounds
Race includes ethnicity and ancestry. Tribal persecution in some countries falls under this ground.
Religion covers beliefs, practices, or membership in religious groups—including persecution for not following the majority religion.
Nationality includes citizenship and membership in ethnic, linguistic, or cultural groups.
Political opinion covers persecution for your actual opinions or opinions the persecutor attributes to you—even incorrectly.
Particular social group is the most complex ground. It requires an immutable or fundamental characteristic, social distinction (society recognizes the group), and particularity (the group is defined with specificity). Examples include LGBTQ individuals, victims of domestic violence (in some circuits), and former gang targets.
The Nexus Requirement
Persecution must be "on account of" a protected ground. This nexus requirement means the protected characteristic must be at least one central reason for the persecution. If persecution is purely criminal or personal, asylum doesn't apply—even if the harm was severe.
Government Involvement
The persecutor is typically the government, but persecution by non-government actors qualifies if the government is unable or unwilling to protect you. Document that you sought government help or explain why seeking help was futile or dangerous.
Bars to Asylum
Some people are barred from asylum despite qualifying otherwise, including those who persecuted others, committed serious crimes, pose security threats, firmly resettled in another country before arriving in the US, or can be removed to a safe third country.
The One-Year Filing Deadline
You must apply for asylum within one year of arriving in the United States. Exceptions exist for changed circumstances or extraordinary circumstances that delayed filing. Missing the deadline can bar your claim entirely.
Documentation and Evidence
Gather evidence supporting your claim: your personal declaration describing persecution, country condition reports (State Department, human rights organizations), witness statements, medical or psychological evaluations documenting trauma, and evidence of your identity and protected characteristics.
Getting Legal Help
Asylum cases are complex and the stakes are enormous. Immigration attorneys understand eligibility requirements, help develop evidence, and present cases effectively. Many nonprofit organizations provide free or low-cost asylum representation.