What is the Family Unity Exception to the CLP rule?

It is a regulatory exception (8 C.F.R. § 1208.33(c)) that lets a person who was denied asylum under the Circumvention of Lawful Pathways rule but granted withholding of removal still obtain asylum in order to protect qualifying family members.

Who qualifies for the Family Unity Exception?

You must: (1) have been granted withholding of removal; (2) be otherwise eligible for asylum but for the CLP presumption; and (3) have a spouse or child who is either not independently eligible for protection and accompanying you, or abroad and eligible to follow-to-join.

How do I apply for the Family Unity Exception?

Raise it with the Immigration Judge if you are in removal proceedings or with USCIS when filing or updating Form I-589. Submit evidence of withholding, asylum eligibility, and the qualifying family relationship.

What evidence should I submit?

Proof of withholding of removal; documentation showing you meet all asylum elements aside from the CLP presumption; and civil status documents proving the spousal or parent–child relationship (e.g., marriage certificate, birth certificates), with translations where required.

Does the exception provide derivative benefits for my family?

Yes. If asylum is granted under the exception, you may include or petition for your spouse and children as derivative asylees—something not available with withholding of removal alone.

What if my spouse or children are outside the United States?

If you obtain asylum under the exception, you can file for them to follow-to-join as derivative asylees using the standard USCIS process for derivatives.

Is the CLP rule still in effect?

Yes, the CLP rule remains in effect as of 2025, though it is subject to ongoing litigation. Applicants should monitor legal developments, as court decisions could affect how the rule and its exceptions are applied.

How is this different from family reunification through petitions like I-130?

Family reunification via petitions (I-130/I-129F) is a separate, visa-based process. The Family Unity Exception is specific to asylum cases affected by the CLP rule and is intended to convert a withholding grant into asylum to protect immediate family members.

Will asylum under the exception let me apply for a green card?

Yes. Asylees may apply for permanent residence after one year, subject to eligibility requirements. Withholding of removal alone does not provide a path to a green card.

Is there a filing fee for the Family Unity Exception?

There is no separate fee. The asylum application (Form I-589) currently has no filing fee, but applicants may incur costs for document procurement, translations, and legal representation.

The Family Unity Exception to the Circumvention of Lawful Pathways Rule

Date of Information: 08/28/2025

Check back soon; we update these materials frequently

The Circumvention of Lawful Pathways Rule Generally

In response to a proclamation by President Biden, the Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) promulgated the so-called “circumvention of lawful pathways” (hereinafter “CLP”) rule, effective May 11, 2023. The rule created a presumption against asylum eligibility for many aliens entering the United States through the Southwestern Border (“SWB”). Please refer to CIL’s Guide to the CLP rule for more information on the general requirements.

The Family Unity Exception to the CLP Rule

There is an exception for people who win withholding of removal after being barred from asylum. Typically, an asylee can petition for derivative asylum status for their spouse and children, whereas withholding of removal does not provide derivative status. For more information on the distinctions and similarities between asylum and withholding of removal, see the CIL research guide on Withholding of Removal.

The family reunification exception allows those who were denied asylum under the CLP rule—but who successfully obtained withholding of removal—to obtain asylum despite the denial. The award of aslyum then lets the applicant petition for derivative asylum status for their spouse and children. The elements of the relief are as follows:

They were granted withholding of removal;
They would have been eligible for asylum if not for the lawful pathways asylum ban; and
They have a spouse or child accompanying them who is not independently eligible for asylum or other protection from removal, or have a spouse or child abroad who they could petition to bring to the United States.

Authority for the Family Unity Exception

The family unity exception to the CLP rule is codified at 8 C.F.R. § 1208.33(c), which states:

In removal proceedings under section 240 of the Act, where a principal asylum applicant is eligible for withholding of removal under section 241(b)(3) of the Act or withholding of removal under § 1208.16(c)(2) and would be granted asylum but for the presumption in paragraph (a)(1) of this section, and where an accompanying spouse or child as defined in section 208(b)(3)(A) of the Act does not independently qualify for asylum or other protection from removal or the principal asylum applicant has a spouse or child who would be eligible to follow to join that applicant as described in section 208(b)(3)(A) of the Act, the presumption shall be deemed rebutted as an exceptionally compelling circumstance in accordance with paragraph (a)(3) of this section.

In effect, the family unity exception at 8 C.F.R. § 1208.33(c) creates a fourth explicit criterion for rebutting the presumption against eligibility for asylum besides the three outlined in 8 C.F.R. § 1208.33(a)(3)(i). Incorporating the family unity exception into the flowchart from CIL’s research guide on the CLP rule, the decision analysis is as follows:

Flowchart titled 'Did the Alien...' with decision boxes and options about visa, border entry, security checks, permissions, evidence, and eligibility for asylum. The flowchart concludes with pathways leading to 'Admitted,' 'Alien Retains Eligibility for Asylum,' or 'Alien Ineligible for Asylum.'

Litigation Updates

The Circumvention of Lawful Pathways (CLP) Rule remains in effect as of August 2025. However, it is subject to ongoing legal challenges, including East Bay Sanctuary Covenant v. Biden and related cases. Federal courts have so far allowed the rule to stay in place, but future rulings may alter or vacate portions of it.

👉 Takeaway: If you are pursuing asylum under the family unity exception, monitor developments closely, as changes in federal litigation could affect eligibility or procedures.

Practical Guidance for Applying the Family Unity Exception

If you have been granted withholding of removal but denied asylum under the CLP rule, you may still qualify for asylum under the family unity exception (8 C.F.R. § 1208.33(c)). Here’s what you should know:

Evidence You’ll Need

Proof that you were granted withholding of removal.
Evidence that you meet asylum eligibility standards aside from the CLP presumption.
Documentation of your qualifying relationship (marriage certificate, birth certificates for children, or other legal proof).
Evidence that your spouse or child is either:
- Accompanying you and not independently eligible for protection, or
- Abroad and would qualify to join you through derivative asylum.

How to Apply

Immigration Court: Raise the family unity exception before the Immigration Judge (IJ) if you are in removal proceedings.
USCIS: If your case is with USCIS, submit supporting documentation with your Form I-589 (Asylum Application) and request that the presumption be deemed rebutted under the family unity exception.

Why It Matters

Withholding of removal protects only the applicant, not family members.
Asylum status, by contrast, allows you to petition for derivative asylum for your spouse and children, ensuring they can legally remain in or join you in the United States.

Frequently Asked Questions (FAQs)

1. What is the family unity exception to the Circumvention of Lawful Pathways (CLP) rule?
It is a regulatory exception at 8 C.F.R. § 1208.33(c) that allows individuals who were denied asylum under the CLP rule but granted withholding of removal to still obtain asylum. This is critical because asylum allows you to petition for derivative benefits for your spouse and children, whereas withholding does not.

2. Who qualifies for family unity under this exception?
You may qualify if:

You were granted withholding of removal;
You would otherwise have qualified for asylum but for the CLP presumption; and
You have a spouse or child either in the U.S. (not independently eligible for protection) or abroad (whom you can petition to join you).

3. How is this different from the broader “Family Reunification Program”?
The family unity exception is specific to asylum and withholding of removal under the CLP rule. By contrast, family reunification programs (like those involving Form I-130 or I-131F) are immigration benefit pathways based on family sponsorship outside the asylum context.

4. What are the benefits of the family unity exception?

It allows you to convert a withholding grant into asylum, which carries:
- Derivative asylum benefits for your spouse and children.
- Eligibility for a green card after one year in asylum status.
- A stronger, more permanent immigration status than withholding alone.

5. What is the principle of family unity in U.S. immigration law?
Family unity is a longstanding humanitarian principle that recognizes the right of families to remain together, particularly in situations of forced migration. U.S. asylum law and refugee law incorporate family unity provisions in order to avoid separating spouses and children during protection processes.

6. What are some common hindrances to family unity in the asylum process?

The CLP rule itself, which creates a presumption against asylum.
Proof difficulties, such as providing documentation of marriage or birth in war-torn or repressive states.
Long processing times for derivative petitions.
Litigation uncertainty — ongoing federal court challenges to the CLP rule could shift the legal framework.

7. What are the requirements for family reunification outside asylum (e.g., I-130 sponsorship)?
Family reunification petitions require a qualifying relationship (spouse, child, parent, or sibling), lawful status of the petitioner (U.S. citizen or green card holder), and adherence to quota systems (F1, F2A, F2B, F3, F4). These programs are separate from the asylum-based family unity exception.

8. How long does family reunification take compared to the family unity exception?

Family Reunification through visas (I-130): Processing can take years due to visa backlogs.
Family Unity Exception (CLP-based): Relief is tied to the outcome of your asylum/withholding case and can move faster once granted by the Immigration Judge or USCIS.

9. What is the new immigration law for married couples in 2025?
Aside from the CLP regulation and exceptions, there is no new standalone “family unity law for married couples” in 2025. However, USCIS continues to refine guidance on family-based sponsorship, parole programs, and humanitarian protections.

10. How much does the family reunification program cost?
For family unity exception cases, there is no separate filing fee beyond the asylum application (Form I-589, which is currently free). For family-based sponsorship outside asylum, filing fees vary depending on the petition type (e.g., Form I-130, I-131F).

Other Helpful Resources:

USCIS Website on Asylum