Asylum is a form of protection granted to migrants who have fled harm or fear of persecution in their country of origin because of race, religion, nationality, political opinion or membership in a social group. It is a fundamental right enshrined in both U.S. immigration law and international human rights conventions.
The right to asylum is discretionary, meaning that officials can grant it or deny it at their discretion. The government has a high bar to meet for individuals to qualify, including proving past or present persecution or a well-founded fear of future persecution. This is a significant burden to carry, especially because applicants are required to prove their case in a legal setting without the benefit of a government-appointed attorney.
To establish a well-founded fear of persecution, you must show that you face severe harm connected to one of the five protected grounds: race, religion, political opinion, nationality or membership in a social group. The harm must be more than just harassment or discrimination; it must be a serious threat to your physical and mental wellbeing. It must also be a result of state involvement or inaction, such as genocide, war crimes, persecution for political activism and other serious violations.
Your lawyer can help you compile evidence to support your claim. This includes obtaining independent research on country conditions from organizations such as Amnesty International and Human Rights Watch. This information provides crucial context to support your fears and can strengthen your case at your asylum hearing.
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