Political Asylum Eligibility

Key Considerations

If you are afraid to return to your country of nationality or your last country of residence you may be eligible to apply for political asylum. To be eligible, you must be afraid to return to your country because you have been persecuted in the past, or because you have a well-founded fear of future persecution on account of your race, religion, nationality, membership in a particular social group or political opinion.

What Is the Definition of Persecution?

If you have been harmed or made to suffer you may have been persecuted within the meaning of the law. In order to be eligible for asylum, you must have been harmed by your government or someone that your government cannot or will not control. There is a broad range of acts that may qualify as persecution. If your government has committed serious human rights violations against you such as detention and physical torture you may have been persecuted. If you have been threatened to death, or physically harmed you may have been persecuted. Also, if the government has inflicted psychological abuse, or severe economic deprivation or has threatened your life or freedom, these acts too may rise to the level of persecution. The definition of persecution does not typically include legitimate prosecution for crime, mandatory military service, or fear of civil war.

What If I Have Not Already Been Persecuted but I Have a Fear of Being Persecuted in the Future?

Even if you cannot show that you have been persecuted in the past, you may still be eligible for asylum if you can show that you have a well-founded fear of persecution in the future. If you have a real fear of returning to your country and there is evidence available to show that your fear is reasonable, you may qualify for asylum based on this fear.

In order to qualify based on a well-founded fear of future persecution, you must demonstrate that

What are the Beliefs or Characteristics That Would Make Me Eligible for Asylum?

In order to qualify for asylum, the persecution that you experience or fear must be on account of your political opinion, membership in a particular social group, race, religion, or your nationality.

Political Opinion

If you have been harmed by government authorities because you are a member of a political party that opposes the government, you may be eligible for political asylum. Even if you are not a member of the political party but the authorities think you are because your family members or friends are members or because they engaged in opposition activities, you may be eligible.

Membership in a Particular Social Group

If you are harmed or fear harm because of a particular trait that you cannot change, such as your family, gender or sexual orientation you may be eligible for asylum. Courts have recognized that clans may constitute particular social groups. They have granted asylum to women who have suffered domestic violence. They have recognized that women who fear female genital mutilation are members of a particular social group. They have also recognized that people who have been persecuted because of their HIV-positive status are members of a particular social group and eligible for asylum protection.

Religion

Persecution on account of religion is another basis for asylum. For example, individuals who are harmed because of their Jewish heritage may be eligible for political asylum. The courts have granted asylum to women who have been abused by orthodox Muslim men because they failed to conform to the strict confines of Muslim orthodoxy. The courts have recognized that Christians in Burma are being persecuted on account of their faith.

Nationality and Race

Another basis for asylum is nationality, which includes not just citizenship, but membership in an ethnic group. Race and nationality sometimes overlap. For example, immigration judges have granted asylum to Mayan Indians in Guatemala who were persecuted on account of their race and their nationality. They have given asylum protection to certain Ethiopians who were persecuted by the government because they were of Eritrean descent.

What Would Happen if I Make Up Some of the Facts in My Asylum Application?

You must understand that there are serious consequences for making up facts or lying on your asylum application. If any of the information you provide is untrue, your asylum application will be denied and you will be permanently ineligible for any immigration benefits.

How Do I Apply?

You may only apply for asylum if you are arriving in or already physically present in the United States. You may ask for asylum at a port-of-entry. If you are already in the United States you may filed Form I-589, Application for Asylum and for Withholding of Removal. You may apply no matter what your immigration status. It does not matter if you are here legally or illegally. You must apply within one year of your last entry into the United States, unless you can demonstrate that there are extraordinary circumstances for your failure to file within one year. You may only apply one time. You may not apply if you have previously applied and been denied.

Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing asylum seekers and we would welcome the opportunity to consult with you about the strategy most appropriate to your case.