If you are experiencing persecution in your home country, or perhaps you have a reasonable fear that a particular group of people could persecute you, you have options. Instead of staying in that hostile environment, you can seek refugee or asylum protection from the US government.
Either way, you need to consult with an immigration attorney for legal guidance on what you need to qualify for asylum or refugee status in this country because not everyone is eligible for these kinds of protections.
Whether or not you are eligible for refugee or asylum status is a question you need to discuss with an immigration experienced attorney as soon as you can to seek the protection you need to live a comfortable and happy life.
The Difference Between a Refugee and Asylum Status
Generally, the difference between a refugee and an asylee depends on where you currently are when making your application. If you are outside the borders of our country, you must file your application for refugee protection through the UNHCR (U.N High Commission for Refugees).
However, if you are already at our country's borders or entry point (including seaports, airports, and the like), you should apply for asylum protection by filing Form I-589. Although our government provides you with these protections, the criteria for securing these protections are more strict than you could ever imagine.
You must be familiar with the required legal grounds for refugee or asylum status and prepare extensive materials to show that you are the right candidate for these kinds of protections. To increase your chances of qualifying for asylum or refugee status, you cannot undermine the need to have an attorney on your side.
An experienced attorney will know appropriate forms to file and the type of evidence you need to attach to increase your chances of qualifying for asylum or refugee protection.
How To Tell If Are Eligible For Refugee Or Asylum Status
If you are eligible to become an asylee or refugee in this country, you will enjoy several privileges, including:
- You will be able to apply for a job and work to earn your money
- You can apply for permanent residency status or green card within one (1) year of entering the country as an asylee or refugee
Unfortunately, there are strict criteria and legal requirements for obtaining refugee or asylum status to live in this country indefinitely. When filing a claim to become a refugee or asylee, you must provide evidence to show that:
You are Going Through Persecution in Your Home Country or Have Well-Grounded Fear of Persecution in the Future
To persecute typically means to injure, oppress, punish, harass or cause another person to experience psychological or physical pain. Although the immigration statute does not mention specific examples of the types of persecution that could make you eligible for refugee or asylum protection, the following acts could qualify as persecution in court:
- Denial of fundamental human freedoms or rights
- Inappropriate imprisonment
- Torture
- Violence
Typically, the immigration judge could grant you a refugee or asylum protection if your home country has:
- Committed genocide against a particular race
- Fired weapons at protestors
- Tortured or imprisoned supposed undesirables or political dissidents
- Excluded members or representatives of a particular religion from the political process
Also, if you have a well-grounded fear of being a victim of a program that involves "coercive population control," you could be eligible for asylum or refugee status. This type of persecution would be reasonable to convince the immigration judge that you are the right candidate for asylum or refugee status.
In some cases, your home country's government could stand by as another person commits acts of persecution towards you if they are unable or unwilling to exercise control. With appropriate evidence to back up your arguments, this too could count as persecution to strengthen your claim for refugee or asylum status.
The Persecution You Are Facing is Based or Connected to a Concrete Legal Ground
Being a victim of persecution or being afraid to go back home is not enough to justify that you are the right candidate for asylum or refugee status. To convince the immigration judge that you deserve this kind of protection, you must provide convincing evidence to prove that the harassment or persecution you are facing is due to any of the following legal grounds:
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Your Race
Lawmakers acknowledge that you could be subject to persecution or harassment in your home country due to your race. If you are a target of persecution because you are dark-skinned, you could have a viable legal ground to support your claim for refugee or asylum protection.
Persecution or fear of being subject to persecution based on your race or skin color is one of the common reasons why most people seek refugee or asylum protection in this country. To support your claim for asylum or refugee status based on this legal ground, you must provide evidence to prove that other people of your race or color are targets of various acts of persecution.
If you have a newspaper detailing this information, you can attach it to your asylum or refugee application for the best possible outcome.
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Your Religion
Religious persecution is a global phenomenon that affects many people. If you have a well-founded fear of persecution based on your religion in your home country, you could qualify for refugee or asylum protection to live here indefinitely.
Typically, religious prosecution could take various forms, and you could fear persecution from your home country's government or from a vigilante group that the government is either unwilling or unable to control. Below are some of the acts that would qualify as persecution based on religion under immigration law:
- Credible threats or infliction of economic, psychological, and physical harm by your home country's government due to your religious beliefs
- Banning your religious practices and forcing you to be part of or join a particular religion against your will
- Being beaten, threatened, detained, or punished by a religious police
- Special government's restrictions on your religious freedom
- Being punished by a family member or relative whose power over you is tolerated or recognized by your home country's government due to your failure to abide by religious norms.
When filing an asylum or refugee application based on your religion, you should attach all relevant evidence to prove that you are the right candidate for this kind of protection. To obtain asylum or refugee status based on this legal ground, you must attach evidence to prove that your religious beliefs are the cause of the persecution you are facing or could face in the future.
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Your Nationality
Generally, being prosecuted based on nationality or ethnic origin violates your human rights. You can apply for refugee or asylum status to seek protection from persecution due to your nationality if:
- You are experiencing serious threats, harassment, or other forms of persecution due to your nationality or ethnic origin
- These threats come from government agents or an uncontrolled group of people
Securing asylum or refugee status in this country based on your nationality can include (but not limited) to any of the following circumstances or situations:
- You have suffered or have well-grounded fear that you can suffer harm due to your nationality
- Individuals belonging to a particular national majority group have experienced different forms of persecution or fear of being subject to persecution by a dominant minority group.
- Persecution of a particular group of people after conflicts that involves two or more national linguistic or ethnic groups
Undoubtedly, proving your eligibility for refugee or asylum protection based on nationality or ethnic origin is a complex process. To have a higher chance of achieving the best possible outcome on your asylum or refugee status claim, you should retain the services of an immigration attorney because this process is not straightforward.
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Your Membership in a Particular Social Group (PSG)
If you have a well-grounded fear of persecution based on membership in a particular social group, you can apply for refugee or asylum status to live here indefinitely. Typically, PSG is a group of people sharing a similar characteristic(s) foundational to their identities, meaning members cannot change it.
The shared characteristic in a social group could be something you were born with, for example, your family ties, gender, or color. In other cases, this shared characteristic could be a shared experience, for example:
- Military conscription
- Former property ownership
- Former gang
In short, a PSG is a group of people with similar backgrounds, habits, social status, experiences, or lineage. Because this legal ground is poorly defined, there are several arguments your attorney could apply for an award of asylum or refugees status based on your membership in a PSG.
Below are examples of PSGs whose members or participants have successfully obtained a refugee or asylum status to live in this country indefinitely:
- Homosexuals
- Ethnic or tribe groups
- Family members of protestors or dissidents
- Social classes, like educated elites
- Members or old members of the military or the police
If you want to seek asylum status based on your affiliation or membership in a PSG, you should beware that laws that govern membership in a PSG keep changing. Your immigration attorney will review your case to help you make a compelling application for asylum or refugee status if you have a fear of being persecuted in your home country based on your membership in a PSG.
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Your Political Opinion
Typically, your political opinion could be more than just the political party you choose to support. Lawmakers also acknowledge that you could be subject to persecution based on your political opinion. For instance, you could be subject to persecution for standing firm on opinions that the authorities or the government do not tolerate.
If you belong to a particular political party and your persecutor is a member of a different political party, you can apply for asylum protection based on your political opinion. In your application for this kind of protection, you should attach evidence to show that the persecution you have suffered or fear to experience in the future is due to your political opinion.
Other times, persecution based on political opinion could also take other forms such as:
- Domestic violence – That could be possible if the persecution you are facing or fear to suffer in the future is due to your decision to leave an abusive partner or for standing firm by a particular political view
- Feminism – In some countries, a person could also be subject to persecution for being a feminist or holding onto feminist ideas. For instance, being raped while educating your fellow women about hygiene and birth control in a male-dominated environment could count as persecution based on your political opinion.
- Whistleblowing – There are also times when people face persecution for being a whistleblower. Whistleblowing typically means letting out information about a particular person, organization, or company wrongdoing. If you have suffered harm or have a well-grounded fear of future persecution for whistleblowing, you can apply for asylum or refugee status based on your political opinion.
- Neutrality – If you choose not to support any side during a conflict or dispute (typically either the rebel's or the government's side), it means you are neutral in that situation. Sometimes, either of these sides could choose to persecute you even if you did not support any side. If that happens to you, you can apply for asylum or refugee status on account of political opinion.
- Union activity – If you believe you are a target of various acts of persecution or have a fear of future persecution for being a member of a particular union, you could apply for asylum status based on your political opinion. In many countries, it is not uncommon for persecutors to retaliate against other people's rights for joining or being members of a particular union.
If you have suffered physical or psychological harm or have a fear of possible future persecution based on political opinions, you can qualify for asylum or refugee status.
For an award of refugee or asylum status to live in this country indefinitely, you have to prove using proper evidence that your persecution or fear of persecution is due to any of the above-explained five legal grounds. The most challenging part of successfully applying for refugee or asylum status is proving the connection between your persecution and any of these five grounds.
The immigration judge will expect your attorney to provide convincing evidence to prove that any of the above five grounds was or can be the main reason for your persecution.
Why You Need An Attorney When Filing an Application for Asylum or Refugee Status
If you are planning to apply for asylum or refugee status in thIs country, you will need an experienced immigration attorney on your side for many reasons. The attorney you will choose to hire will help you:
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Prepare Appropriate Documents to Attach to Your Application for Asylum or Refugee Status
After listening to your side of the story and reviewing your case details, your attorney will guide you on your application for asylum. When making an application for asylum or refugee status, you will need various documents to prove that you are the right candidate for this kind of protection, including documents that show:
- Your membership in any relevant group is the central reason for your persecution or fear of persecution, for example, a political membership card
- Your identity, for example, a copy of your birth certificate, passport, or identity card
- Evidence that you have experienced any form of persecution, including violence or threats
Other documents you could need to strengthen your claim include (but are not limited to):
- A newspaper that shows your picture at a political gathering
- Eyewitness statements
- A psychologist's statement to prove that you are indeed experiencing psychological problems due to persecution
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File You Application for Asylum or Refugee On Time
If you are already in the country and need asylum status, you should file Form I-589 with USCIS within one year of your arrival here. USCIS is the abbreviation for US Citizenship and Immigration Services. Once you retain the services of an attorney, he/she can make this application on your behalf and submit it on time to obtain the protection you need.
Take Away Points
As you can see above, the process of applying for a refugee or asylum status is not a walk in the park. The key to achieving the best possible outcome on your application is putting together clear and convincing evidence to show you have indeed suffered persecution or have a well-grounded fear of persecution based on any of the above-mentioned legal grounds.
Find an Los Angeles Immigration Attorney Near Me
Even if you think you are eligible for refugee or asylum status, meaning your persecution is due to any of the above five legal grounds, you must make an application and attach relevant evidence to prove you deserve this kind of protection. That is where attorneys at California Immigration Attorney intervene to ensure your application is accurate for the best possible outcome on your claim.
Apart from preparing your application for refugee or asylum status, we will also represent your best interests in court to convince the immigration judge that you deserve this kind of protection. We invite you to call us at 424-789-8809 to schedule a free consultation with our attorneys if you want to apply for asylum or refugee protection to live in this country indefinitely.