Applying for asylum in the United States is a legal process that allows individuals who fear persecution in their home country to seek protection. U.S. asylum law is grounded in international human rights principles and allows individuals to apply for asylum if they have suffered persecution or have a well-founded fear of future persecution based on specific protected grounds.
There are five legally recognized reasons—or “grounds”—upon which an asylum claim can be based: race, religion, nationality, political opinion and membership in a particular social group. An applicant must demonstrate that the persecution they have faced or fear is directly tied to one or more of these categories.
Making a strong case
Persecution based on race can involve violence, discrimination or other forms of harm targeted at individuals because of their racial identity. Similarly, religious persecution includes being threatened, punished, or restricted because of your religious beliefs or practices. Many asylum seekers come from countries where their religion is a minority faith or where the government punishes people for converting or practicing a particular religion.
Nationality, though often overlapping with race or ethnicity, is another protected ground. It can include targeting of ethnic minorities or groups with shared national origin who face systemic oppression.
Political opinion is one of the more commonly cited reasons for asylum. This applies to individuals who have been harmed or threatened because of their political beliefs or affiliations—whether real or perceived. It includes activists, journalists, opposition party members and others who have spoken out against corruption, authoritarian regimes or specific government policies.
The fifth category—membership in a particular social group—is broader and often more complex. It includes individuals who share a common characteristic that is so fundamental to their identity that they cannot—or should not be forced to—change it. Examples can include survivors of domestic violence, LGBTQ+ individuals, victims of human trafficking or people who resist gang recruitment. Courts have ruled differently on what constitutes a “particular social group,” so it’s essential to build a strong legal argument supported by country conditions and case law.
For those facing real danger in their home country, asylum can be a life-saving option. Understanding the qualifying grounds is the first step toward protection and building a safer future in the U.S.