ALERT: Court Order on Circumvention of Lawful Pathways Final Rule
On Aug. 3, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a stay of the U.S. District Court for the Northern District of California’s order in East Bay Sanctuary Covenant v. Biden, 18-cv-06810 (N.D. Cal.), vacating the Circumvention of Lawful Pathways (CLP) rule. At this time and while the stay remains in place, USCIS will continue to apply the CLP rule.
Under the rule, certain individuals who enter 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. Individuals are encouraged to use lawful, safe, and orderly pathways to come to the United States.
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
You may only file this application if you are physically present in the United States, and you are not a U.S. citizen.
At this time, the option to file an online Form I-589 is only available for certain affirmative asylum applicants. Affirmative asylum applicants may not file an online Form I-589 if they:
- Are in proceedings in immigration court or before the Board of Immigration Appeals;
- Are an unaccompanied alien child as defined in 6 U.S.C. § 279(g) and are in removal proceedings;
- Are among the categories of applicants who must currently file by mail with the Asylum Vetting Center as outlined in the Special Instructions section of our Form I-589 webpage; or
- Already submitted a Form I-589, which is still pending with USCIS.
If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum affirmatively or defensively, file a Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States. Visit our Obtaining Asylum in the United States page for more information on affirmative and defensive filings. There is no fee to apply for asylum.
You may include your spouse and children who are physically present in the United States as dependents on your affirmative or defensive asylum application at the time you file or at any time until a final decision is made on your application. To include your child as a dependent on your application, the child must be under 21 years old and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page.
If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application for further consideration in an Asylum Merits Interview, please visit our Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page.
If you have an asylum application pending with us, you can check the status of your application at Case Status Online. You will need the receipt number that we provided you after you filed your application.
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum
