If you want to immigrate to the United States as either an asylum seeker or refugee, you will need to understand who qualifies for asylum in the U.S. Even though asylum is often granted to those who are fleeing danger or persecution, there are several qualifications for asylum in the U.S. you have to meet before you are granted the legal status of a refugee.

At The Berdugo Law Firm, we are dedicated to providing our immigration clients with the legal guidance they need as they navigate the U.S. asylum eligibility requirements. Keep reading to find out who qualifies for asylum in the U.S. and what the persecution requirements are.

Understanding Who Qualifies For Asylum in the United States

The asylum or refugee status available in the United States offers special legal protections for individuals who have had to flee their home country due to persecution or fear for their safety. Part of the asylum eligibility requirements is that you are unable to safely relocate to any area within your home country. You also have to be able to demonstrate that you have a well-founded fear of persecution or that you have been persecuted in the past.

Although receiving asylum or refugee status in the U.S. may seem straightforward at first, it can be quite complex since it is very dependent on a case-by-case basis. For instance, the U.S. has specific definitions for persecution that you must meet in order to obtain asylum or refugee status. Immigration law does not provide exact examples of what types of persecution qualify, which is why each case will look different.

Generally, persecution includes things like harassment, punishments, injuries, oppression, and other acts that cause physical or psychological harm. Some examples of acts that would most likely qualify you for asylum are if your home country’s government imprisoned or tortured political dissidents, committed genocide against specific individuals, denied certain individuals basic human rights, etc.

Persecution also does not need to strictly include persecution directly from the foreign government, as you could be granted asylum if you are experiencing persecution or threats from other individuals or groups while your government stands by. For instance, you may be facing discrimination or threats of violence due to specific protected grounds without receiving any protection from your local government.

Protected Grounds in the U.S.

Not only do you have to prove that you are in fear for your physical safety and that you have experienced persecution, but you also have to substantiate these claims based on the grounds of persecution outlined by the U.S. government. There are five grounds of persecution that will often make you eligible for asylum in the United States. Your situation does not need to include all of these five grounds, but it needs to include at least one for you to qualify.

The five protected grounds in the U.S. include race, religion, nationality, political opinion, and membership in a particular social group. The protected grounds of race, religion, and nationality are quite self-explanatory and are often a bit easier to prove when you are applying for asylum or refugee status.

Proving that you are facing persecution on the grounds of a political opinion can be a bit more challenging as you have to prove that you are being persecuted or fear persecution from authorities who do not tolerate your political opinion as well as prove that they are aware of your political opinion.

The most challenging ground of persecution to substantiate is membership in a particular social group. Some examples of social groups that could result in persecution include being a part of certain tribes, ethnic groups, occupational groups, or police or military groups. The social group should be a group that is fundamental to your individual identity and is something that you should not be expected to change or cannot change.

Proving Persecution When Applying For Asylum or Refugee Status 

If you are ready to apply for asylum or refugee status, the first thing you need to do is hire an immigration attorney to assist with your case. Seeking asylum can be very challenging, especially when it comes to proving persecution, and an attorney can help you every step of the way.

The most important part of your application is going to be your personal statement, which outlines your entire story, why you fear persecution, and provides examples of persecution you have already experienced. You will also have a chance to give your personal testimony at your interview, which you can use to sum up your personal statement or add additional details. It is essential that your personal statement and testimony line up factually.

You should also provide other supporting evidence to back up your statement and testimony as these are still considered to be personal opinions. Some types of supporting evidence you can include are things like doctors reports or mental health reports if you have sustained physical harm or psychological abuse. It is also beneficial if you have photographs or videos of the persecution or threats of persecution.

You could also get the help of an expert to testify on the conditions in your country that could impact your safety or fundamental human rights or freedoms.

Here are some additional documents you can include to prove that you would be in danger if you return to your home country:

• Newspaper clippings
• Human rights reports from reputable organizations
• Correspondence detailing the persecution
• Proof of your membership to a particular social group

Contact an Immigration Attorney at The Berdugo Law Firm

Obtaining asylum or refugee status in the United States can be quite complicated as there are several eligibility requirements and you have to provide proof of persecution. You will need to have a thorough understanding of these eligibility requirements so that you submit a strong application with the best chance of success.
At The Berdugo Law Firm, we are committed to providing our clients with the knowledge and guidance they need as they apply for asylum or refugee status so that they can legally stay in the United States. Contact us today at 323-642-9933 to speak with an immigration attorney about your case.