Brief on Asylum

Political/Gender/Humanitarian Asylum

Using the United States as an example, theoretically, you can apply through this method. It is not necessary to enter the U.S. through formal border checks, which means any method including crossing the border is acknowledged. However, from a safety perspective, if you cannot obtain a U.S. tourist visa, you can try applying for a Mexican tourist visa and then apply for asylum at the U.S.-Mexico border (there is legislation stating that you must stay in Mexico during the waiting period, but it is unclear if it has passed). Be cautious about the state you enter; if it is a red state, it could be much more troublesome. The U.S. allows for gender-based asylum.

2024 Update: The current U.S. government and foreseeable future may tighten refugee policies. According to the new policy by the Biden administration, asylum seekers must schedule an entry appointment through the CBP One app, and the new regulations require asylum seekers to first attempt to apply for asylum in a third country, otherwise, they will face expedited removal procedures.

Basic requirements that must be met:

• Being on U.S. soil.

But it is best to meet the following requirements:

• Evidence of persecution. Personally, I believe a diverse gender identity is sufficient, but you still need to prepare evidence to prove the current situation in China and your own experiences.
• Apply within one year; this requirement can be relaxed when there is a significant change in the situation of the home country.

For more information on U.S. asylum policies, refer to the following document, Asylum Information Guide - USCIS.

If rejected by the immigration office, the case will be submitted to the court, and if you lose, you can appeal. Theoretically, you can live and work legally during this process. The U.S. work permit will be issued six months after the application, during which time you cannot engage in work that requires a work permit.

Similarly, many other countries have similar asylum policies, such as Canada, many European countries, etc.