The United States has historically offered asylum, a protective immigration status, to those who have experienced persecution in their country of origin or will likely be persecuted if they return to their country of origin. A person who has applied for asylum is lawfully within the United States. They can live and work (with authorization) anywhere in the United States. Those whose asylum applications succeed can request to have asylum extended to their spouse and unmarried children who were under the age of 21 when the original asylum application was made. They can also request to travel outside of, and return to, the United States. Further, they have a path to permanent residency and citizenship in the United States. To successfully obtain asylum in the United States, a person must meet the three requirements discussed below and must not be prohibited from asylum protection.
First Element: Past Persecution or a Well-Founded Fear of Future Persecution
The first requirement a person must meet to have a successful asylum application is to have either faced persecution in their country of origin or have a well-founded fear they will face persecution in their country of origin if they return. A person’s country of origin is their country of nationality or habitual residence if they do not have a nationality. What counts as persecution is generally considered fact-dependent and fact-specific.
Five broad categories of abuse which may be considered persecution are (1) serious physical harm; (2) coercive medical or psychological treatment; (3) invidious prosecution or disproportionate punishment for a criminal offense; (4) severe discrimination and economic persecution; and (5) severe criminal extortion or robbery.
Some harms are generally not considered to be persecution. For example, past threats of physical harm are generally not considered persecution unless those who made the threats can be shown to be willing and able to carry them out in the future. Other examples include the lack of access to medical treatment, criminal prosecution for violation of a fairly administered law, and general discrimination or harassment. A person’s fear they will face persecution in their country of origin if they return is well-founded when this fear is genuine, the primary motivation for applying for asylum, and based on facts that would lead a reasonable person in similar circumstances to fear persecution.
Second Element: On Account of Race, Religion, Nationality, Political Opinion, or Membership in a Particular Social Group
The second requirement a person must meet to have a successful asylum application is that the persecution they have faced, or have a well-founded fear they will face, in their country of origin is a result of their race, religion, nationality, political opinion, or membership in a particular social group. The sufficiency of the connection between persecution and a person’s race, religion, nationality, political opinion, or membership in a particular social group is, as with persecution, generally considered fact-dependent and fact-specific.
Membership in a particular social group is the broadest identity category and has extended asylum protection to various people. A particular social group is a group of people who share common immutable characteristics, are socially distinct within their society, and can be defined with particularity. An immutable characteristic can be an innate characteristic, shared past experience, or status that cannot change or should not be required to change because it is fundamental to each member’s identity or conscience.
Third Element: By the Government or Forces the Government Cannot or Will Not Control
The third and final requirement a person must meet to have a successful asylum application is that the persecution they have faced, or have a well-founded fear they will face, in their country of origin as a result of their race, religion, nationality, political opinion, or membership in a particular social group was, or will be, done by the government of their country of origin or the government of their country of origin was, or will be, unwilling or unable to protect them from this persecution. In other words, the government of a person’s country of origin must either have been or will be their persecutor, including by acting through a proxy, or the government of a person’s country of origin must have been or will be unwilling or unable to protect them from their persecutor. Where a government is unwilling to protect a person from their persecutor, this unwillingness does not need to be result of the person’s race, religion, nationality, political opinion, or membership in a particular social group.
Other Considerations
Beyond these three criteria, there are several reasons a person would be unsuccessful in applying for asylum in the United States. One would be that the person would be safe in another part of their country of origin and it is reasonable for them to go and live there. Another would be that the person has, or has been offered, citizenship in a third country where they are not being persecuted or the government of that third country would be willing and able to protect them from their persecutor. Finally, a person who the United States Government suspected has participated in terrorism or caused harm to others because of their race, religion, nationality, political opinion, or other specific characteristics will not succeed in an asylum application.
Final Thoughts
Asylum is a potential option for non-US citizens who have been within the United States, regardless of status, for less than a year. There are exceptions to the one-year deadline, but the person must meet the criteria laid out above and not be prohibited from asylum protection. Applying for asylum is a complex and rapidly changing immigration process, one that is best conducted with the support of a licensed attorney who specializes in asylum law.
If you believe you have a claim for asylum, you may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Current as of January 19, 2026
Written by: Jeffrey Parkhouse
