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Getting Protection: Who Qualifies for Eligibility Criteria for Asylum and Why

Foreign nationals in the United States are granted asylum in the country. Asylum protects those who have fled their home countries because they’re being persecuted. It lets foreigners stay in the U.S. and never return to their country of origin, where serious harm is a real possibility for them.

Understanding the eligibility criteria for asylum is important for every asylum seeker and the legal professionals helping them.

Key Takeaways:

  • Asylum protects foreigners in the United States who cannot return home to their home countries because of persecution.
  • There are a few factors why applicants can’t get asylum despite being in the U.S.
  • Asylum seekers have to prove their experiences of persecution to get this protection.

INDEX

Key Eligibility Criteria for Asylum

Persecution

An asylum claim is grounded on persecution. The applicant must show that they’ve been persecuted or are afraid of being persecuted in the future. Persecution involves serious harm inflicted upon a person due to race, religion, and political opinion. It can take different forms, such as torture, unlawful detention, severe discrimination, and physical violence.

Well-Founded Fear of Persecution

This kind of fear has two components—subjective and objective. For the subjective component, the applicant must truly fear persecution. Objectively, the fear should be reasonable based on personal experiences and the conditions of their country that might affect them.

Protected Grounds

The persecution must have at least one of the five protected grounds to strengthen asylum claims:

  • Race: The applicant is discriminated against, inflicted violence, or denied basic rights due to their racial identity.
  • Religion: The applicant is forcibly converted, punished, and restricted severely due to their religious beliefs, practices, or affiliation.
  • Membership in a Particular Social Group: The applicant is persecuted because they belong to a particular group that makes up their identity or conscience, such as tribe members, LGBTQ+ individuals, or those with shared past experiences.
  • Political Opinion: The applicant may be persecuted for expressing a political opinion that goes against the government of their country. This opinion can be expressed, perceived as holding particular political views, or joined in political activities.
  • Nationality: The applicant is persecuted due to their nationality and ethnic membership.

Proving Eligibility for Asylum

Proving that an applicant is eligible for asylum needs a compelling case with credible evidence. The applicant must show that they’re a refugee under U.S. law. Build the asylum application with these elements:

Personal Testimony

The applicant should share a consistent, detailed, credible testimony about the persecution. This testimony must include accounts relating to specific incidents of threats or persecution and how they relate to the protected grounds. Discrepancies can undermine the testimony’s credibility, so everything must be true from start to finish.

Corroborating Evidence

Supporting evidence strengthens asylum claims and aligns with the applicant’s testimony. This evidence may include:

  • Country Condition Reports: These are reports from credible sources, such as the United Nations or other trusted non-governmental organizations. The reports should outline the human rights situations and risks individuals face in the applicant’s country.
  • Medical Records: The documents revealing the physical and psychological injuries due to persecution.
  • Witness Statements: Letters from family members, friends, and colleagues who witnessed the applicant’s persecution.
  • Police Reports: Official reports from police stations and complaints filed with authorities in the applicant’s home country.
  • Media Articles: News reports and articles that show persecution of individuals in the same groups or situations.

Legal Representation

Get a competent and experienced immigration lawyer to help you get through the complex asylum process and represent you in court. This lawyer enables you to prepare the asylum application, gather the evidence, and advocate for your rights during interviews and hearings at immigration court.

Asylum Blockers

Applicants may be barred from asylum in the United States, even if they meet the basic criteria. These include:

  • Firm Resettlement: If the applicant resettles in another country before entering the U.S., asylum is not an option.
  • One-Year Filing Deadline: Applicants must file their asylum applications within a year of their arrival in the U.S. However, exceptions are valid when extraordinary circumstances relating to the application prevent the applicant from filing.
  • Serious Crimes: The U.S. government won’t accept applicants convicted of serious crimes when they apply for asylum.
  • Terrorist Activities: An applicant’s participation in any terrorist activity is grounds for asylum disqualification.
  • Persecution of Others: Applicants who ordered the persecution of other people aren’t eligible for asylum.

The Affirmative Asylum Process

All asylum applications will be handled by the United States Citizenship and Immigration Services. The seekers must be physically present in the United States at the time of the application. Here’s how it goes:

Filing Process

Asylum applicants shall file and submit Form I-589 to the USCIS within a year after they arrive in the U.S. They must provide the following documents:

  • Passport
  • Birth certificate
  • National ID cards, driver’s licenses, or any other documents that can prove one’s identity
  • Visa
  • Border crossing card, if applicable
  • Form I-94 or Arrival/Departure Record
  • Employment or educational records
  • Membership in religious affiliations, social groups, and political groups that led to the persecution.
  • Supporting documents of your family members, like marriage and birth certificates

If the documents are not in English, they must have another copy with an English translation. Submit copies of these documents, but keep the originals for the interviews. To prevent inconsistencies, ensure that all details are consistent in every document.

Biometrics Appointment

The applicant will get a notice to attend a biometrics appointment. Their fingerprints and photographs will be taken for records.

Asylum Interview

Next, the applicant will be interviewed by an asylum officer in the Houston asylum office or any other asylum office, depending on the state you live in. The applicant should bring additional supporting documents and prepare to discuss the case in detail. The officer will examine the credibility of the testimony and evidence the applicant presented.

Decision

The asylum officer decides on the case after the interview. The applicant is granted asylum and can apply for permanent citizenship if approved. If denied, the case can go to an immigration judge. The Board of Immigration Appeals can review the decision the immigration judge made.

Parting Words

Before applying for asylum, applicants should understand the eligibility criteria, provide documents, and tell real accounts of persecution. This application also ensures that those at high risk and the most vulnerable get the protection they need. Asylum helps persecuted individuals rebuild their lives in a foreign country that shields them from danger.

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