The Asylum Claim

A showing of past persecution supports an argument that returning home will put you at risk of further abuse. However, fear of future persecution is an essential requirement in nearly all cases. You will not normally succeed if you cannot show convincingly that you will suffer persecution if returned to your home country. An exception would be Humanitarian Asylum which does not require a risk of future persecution; horrific past persecution is sufficient.

Asylum (a.k.a Political Asylum), provides relief to foreigners who are likely to suffer persecution based on a protected ground if returned to their home country.  8 U.S.C. § 1158.

Protected Grounds:

A protected ground is something an individual either cannot or should not change about themselves. Statues or precedents define protected grounds. They are:

• Race
• Religion
• Nationality
• Political opinion
• Membership of a particular social group (PSG)

These are the only grounds upon which a person may seek asylum in the United States. However, with the exception of Humanitarian Asylum, factors such as violence, economic hardship, or being a citizen of a politically oppressive government are typically not sufficient grounds for seeking asylum without something more. You need to be oppressed based on a protected ground. Hardships and abuse are taken into consideration in deciding whether you qualify for asylum.

Each protected ground noted above deserves independent treatment and consideration. Contact an attorney if you are afraid of returning to your home country because you will be persecuted.

Allan

What is a Particular Social Group?

Membership in a particular social group (PSG) is difficult to determine. However, PSG is a hot topic for attorneys since this category has a broader reach to help you establish a claim to Political Asylum.