A person who is physically present in the United States or who arrives in the United States may be able to apply for asylum, regardless of current immigration status, but filing an application does not mean asylum will be granted.
Eligibility requires more than being present
The applicant generally must establish that the person meets the refugee definition: past persecution or a well-founded fear of future persecution tied to race, religion, nationality, membership in a particular social group, or political opinion.
Other rules can affect eligibility, including the one-year filing deadline and exceptions, prior asylum applications, firm resettlement, certain criminal or security-related bars, and procedural rules based on whether the case is with USCIS or immigration court.
Where the case is pending matters
Some applicants file affirmatively with USCIS. People in removal proceedings may pursue asylum defensively before an immigration judge. Before filing, confirm which agency has jurisdiction over the application.
Build the record carefully
Keep identity and entry records, a complete copy of Form I-589, proof of filing, notices, declarations, translations, supporting evidence, and a timeline. If an eligibility bar or deadline may apply, qualified legal advice can be especially important.
Official sources
This page is general information, not a determination of eligibility.