Asylum is a form of legal protection granted to people who fear persecution, or have already suffered harm, in their country of origin. Persecution can be based on one of five protected grounds: race, religion, nationality, membership in a particular social group (PSG), or political opinion.
Asylees can become lawful permanent residents (“green card holders”) after a year in the United States, but they can have their status revoked if it is determined that they no longer meet the requirements of asylum, or pose a risk to the public. Pending asylum cases often require significant amounts of time and resources. This can lead to family separation, and make it difficult for individuals seeking asylum to work or find pro bono counsel who can commit to their cases.
A person’s asylum claim depends on their testimony about their past experiences and their well-founded fear of returning to their country of origin. It is crucial that the individual’s testimony be candid, credible, and sincere. It must be backed up with additional evidence and, in some cases, a well-trained attorney can help an individual present the strongest possible case.
In order to qualify for asylum, the applicant must demonstrate both an objective and subjective fear of persecution. An objective fear must be based on evidence of harm suffered in the past, and a well-founded fear is established through an individual’s own testimony. However, some individuals can be denied asylum even if they meet the requirements of the law, but backstop forms of protection like withholding of removal or relief under the Convention Against Torture can still be available.
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