immigration law · claim
Asylum is a legal status granted to foreign nationals in the U.S. who are unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. It allows individuals to remain in the U.S. and apply for work authorization and eventually for permanent residency.
The applicant must demonstrate a genuine fear of persecution in their home country.
What to prove: The applicant must show that they have a well-founded fear of future persecution that is either past persecution or a reasonable fear of future harm.
The persecution must be on account of a protected characteristic.
What to prove: The applicant must prove that the persecution is linked to one of five specific grounds: race, religion, nationality, membership in a particular social group, or political opinion.
The applicant must show that the government of their home country is either involved in the persecution or is unable to control it.
What to prove: The applicant must provide evidence that the government is either directly involved in the persecution or unable or unwilling to prevent it.
Asylum applications must be filed within a certain timeframe unless exceptions apply.
What to prove: The applicant must demonstrate that the application was filed within one year of entering the U.S., or show that an exception to this rule applies.
The applicant bears the burden of proof to establish their eligibility for asylum by a preponderance of the evidence standard.
Be prepared to analyze fact patterns involving persecution claims and identify the nexus to protected grounds. Highlight timeliness and state involvement or acquiescence in your responses.