People who believe they are unable or unwilling to return to their country of origin because of persecution may apply for asylum in the United States. This means they are asking the government for permission to live in another country because they fear future harm or imprisonment based on their political beliefs. To be eligible for asylum, a person must show either past persecution or a well-founded fear of future persecution based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
The type of persecution that would qualify for asylum varies, but is usually serious threats or violence. We have represented clients who fled governments that violently punish peaceful protest or criminalize religious practice, as well as those who face gender-based violence. We have also helped clients who fear persecution on the basis of their sexual orientation or HIV status.
Asylum seekers must prove that they have a well-founded fear of future persecution, but this can be difficult. Adjudicators will look for evidence of past persecution and will consider whether the persecution is a pattern of behavior. They will also look at whether the law or punishment is severe or pretextual, and if it violates human rights standards.
Generally, someone must file an asylum claim within one year of their arrival in the United States. There are exceptions to this rule, but it is important to apply early. Experienced immigration lawyers can help you fill out official forms, prepare for your credible fear interview, and understand the rules and policies that govern asylum claims.