US Announces 5 Categories of Foreigners that Can Apply for Asylum
- The US Citizenship and Immigration Services outlined 5 grounds on which foreigners physically present in the country can seek asylum protection
- Applicants must file Form I-589 within 1 year of arriving in the United States, and spouses and unmarried children under 21 can be included as dependents
- USCIS also announced stricter interview rescheduling rules taking effect from 21 August 2026, with missed interviews now risking outright dismissal of asylum applications
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The United States Citizenship and Immigration Services (USCIS) has outlined five specific grounds on which foreigners living in the country can seek asylum protection, offering a lifeline to those facing persecution in their home countries.
According to the official USCIS asylum page, any non-US citizen who is physically present in the United States may apply for asylum if they have suffered persecution, or genuinely fear future persecution, based on any of the following five grounds: race, religion, nationality, membership in a particular social group, or political opinion.
Source: UGC
How to Apply for Asylum in the US
Eligible applicants are required to file Form I-589, Application for Asylum and for Withholding of Removal, within one year of arriving in the United States.
The application can be filed either affirmatively, through USCIS directly, or defensively, through an immigration court if removal proceedings have already been initiated.
Applicants are also permitted to include their spouse and unmarried children under the age of 21 as dependents on the same application, provided those family members are physically present in the United States at the time of filing or before a final decision is reached on the case.
An online filing option for Form I-589 is available to certain affirmative asylum applicants, though not all qualify. Those excluded from online filing include unaccompanied minors in removal proceedings, applicants required to submit by mail through the Asylum Vetting Centre, and those who already have a pending Form I-589 with USCIS.
New USCIS Interview Rules From August 2026
USCIS also announced tighter procedures for asylum interview rescheduling, effective 21 August 2026. Under the updated rules, applicants must demonstrate exceptional circumstances before USCIS will agree to reschedule an asylum interview.
The agency also confirmed it will no longer issue Failure to Appear Warning notices when applicants miss their scheduled interviews.
If an applicant misses their interview and does not submit a rescheduling request either before the interview date or within 10 calendar days after, USCIS may dismiss the asylum application entirely.
For those without a lawful basis to remain in the country, the case may be referred directly to an immigration judge.
US announces 1 green card route
Meanwhile, Legit.ng previously reported that US government's EB-1 visa category covers three types of applicants, but only one allows individuals to file their own petition without employer involvement.
Applicants under the Extraordinary Ability category must satisfy at least 3 of 10 set criteria, or present evidence of a major internationally recognised achievement.
Source: Legit.ng
