You may be eligible for asylum in the United States if you have already entered the country and are unwilling to return to your home country because you’re afraid of being persecuted or a well founded fear of persecution on account of reace, religion, nationality , membership in a particular social group, or political opinion. 8 U.S.C. Sections 1101 (a)(42)(A), 1158(b)(1).
Refugee is any person who is outside any country of such person’s nationality or in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to avail himeself or herself of the protection of, that country because of persectution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. INA 101(a)(42).
Persecution is defined as ” the infliction or threat of death, torture, injury to one’s person or freedom for a proscribed reason.” Persecution is an extreme concept and does not include low-level intimidation and harassment.” Zakirov vs. Ashcroft, 384 F 3d 541, 546.
Asylum applicant would need to establish that there is a reasonable possibility that her or she will be prosecuted.
A person gratned asylum, known as an “asylee”, may apply for permanent residency after one year under INA Section 209 and may eventually become a U.S. Citizen. An asylee may also bring his or her spouse and children to the United States under 8 CFR Section 208.20.
For example, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization or who has been persecuted for failure or refusal to undergo such as procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undgero such procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion Zhang vs. Reno, 27 F. suppl. 2d 476, 477
In order to seek benefit as refugee, The rfugee must show evidence of persecution that is sufficiently specific or imminent.
upon your return There are certain requirements for you to be eligible to file for asylum in the U.S., including:
- You must be able to be defined as a “refugee”
- You must apply for asylum at a port-of-entry
- File your application within a year of your last entry into the U.S.
After you file your asylum application, an officer will review your application, the evidence in your case and interview you to determine whether you are eligible to receive asylum. Before you begin the process of applying for asylum, it is important that you seek the advice of a seasoned immigration lawyer who is familiar with the asylum process.
At the Kalra Law Firm, we are experienced in asylum law and can assist you in gathering the proper evidence in your case, as well as filling out your application correctly and without error. We will prepare you for your interview so you will be familiar with the types of questions that may be asked, so you can provide answers that will help ensure you are granted asylum.
Contact us to schedule an appointment for a consultation to discuss whether or not you are eligible for asylum in the United States and to begin the application process. Our goal is to support you and your family throughout the application and approval process. Call today. (310) 325-9012.