USCIS Defines Asylum Ineligibility for Non-Residents

The US Citizenship and Immigration Services (USCIS) has published new guidelines specifying two categories of individuals who cannot apply for asylum. The first category includes anyone not physically present in the United States at the time of application.

This means individuals still residing in their home country or in a third country cannot file for asylum from abroad. The second category consists of US citizens, as asylum is designed for foreign nationals facing persecution, making it legally unavailable to American citizens.

To qualify for asylum, applicants must submit a Form I-589 within one year of entering the United States. Eligible applicants may also include their spouse and unmarried children under the age of 21 who are physically present in the country as dependants on the same application.

Those granted asylum may be allowed to remain in the US and can eventually apply for permanent residence.