Asylum is the legal protection given by the United States government to people who fear harm in their home countries for reasons that the law recognizes as grounds for persecution – such as race, religion, nationality, political opinion, or a characteristic they cannot change, like gender or sexual orientation. People who win asylum are allowed to remain in the United States permanently.
To qualify for asylum, an individual must show that he or she suffered persecution in the past on one of the recognized protected grounds and have a well-founded fear of future persecution. A person’s own testimony is critical to a successful asylum case, but other evidence can help support it as well.
In order to establish a well-founded fear of persecution, an individual must provide both objective and subjective evidence that they would face serious harm if returned to their country of origin. The subjective component of this standard requires that an applicant demonstrate that they have a genuine fear of persecution. The objective component is less difficult to meet.
In order to qualify for asylum, an individual must also prove that they are a member of a particular social group (PSG). PSGs have been established by the Supreme Court and other courts in the past. For example, in Matter of Toboso-Alfonso, the Supreme Court found that homosexual men are members of a PSG and in the subsequent case Matter of Boer-Sedano, the Ninth Circuit held that HIV status constitutes membership in a PSG. However, the definition of a PSG is still evolving and varies from country to country.
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