Political Asylum: Strengthen Your Case For Asylum Status

Have you experienced persecution in your home country and fear returning? Are you seeking political asylum in the US because of torture or death threats? Are you a member of a social, racial, or religious group that is victimized in your home country?

Even if you haven’t experienced persecution in your home country you may be eligible for political asylum in the United States if you can reasonably expect persecution because of your

race
religion
nationality
political opinion, or
membership in a particular social group.

You must file an application for Political Asylum and Refugee Protection within a year of entering the United States unless you can prove extraordinary circumstances that kept you from applying within that window.

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How is Persecution Defined?

To meet the criteria for asylum status, persecution must be perpetrated by the government of an individual’s home country or individuals the government is unable or unwilling to control. Persecution has to be more than just harassment and can include any of the following: beatings, arrests, threats of death or violence, sexual assault, torture, imprisonment, constant surveillance, pressure to join a group engaging in illegal activity, interference with your privacy, family, home, or correspondence, or discrimination in matters like housing, education, or passport issuance.

A person applying for US asylum status can have a history of being persecuted or fear future persecution as long as they can prove that fear is reasonable based on conditions in their home country.

Affirmative Vs. Defensive Asylum

Asylum seekers can seek affirmative asylum by filing with the U.S. Citizenship and Immigration Services (USCIS). You have to be in the United States at the time of application, but you do not need to be documented. Be aware, however, that if your affirmative asylum application is denied, your lack of legal immigration status may cause the immigration court to initiate removal proceedings, and you could face deportation.

Defensive asylum is used when a person facing removal proceedings wishes to use fear of persecution as grounds for remaining in the United States.

Withholding of Removal

Another option if you’re facing removal proceedings is an application for withholding of removal. Withholding of removal requires you to show that it is probable that you will experience persecution if you return to your home country. It does not extend to your family members, while an asylum application extends to your spouse and children. A person with a withholding of removal is also ineligible to become a lawful permanent resident in the United States.

How Can I Prove Fear of Persecution?

Eligibility for political asylum requires a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a social group. Proving that your fear is reasonable can be difficult, but with the proper guidance from your immigration attorney, you’ll have the resources you need.

Your testimony is an essential piece of your application for asylum. However, any corroborative evidence that supports your claim can help the adjudicator decide in your favor. Asylum cases are considered case-by-case, and proving a well-founded fear of persecution can be difficult. It may be helpful to collect:

News articles documenting the prosecution in your country of origin.
Reports from government agencies or human rights organizations detailing the violence occurring in your home country.
Medical certificates, police reports, court summons, academic records, arrest records,
Statements from individuals who have personal knowledge regarding the claim,
Proof of membership in an organization that is persecuted in your country of origin.

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Why Might I Need a Psychological Evaluation for Political Asylum?

For political asylum, you must show both objective and subjective fear of persecution. You can prove objective fear using information about the persecution and events in your home country. Establishing subjective fear of persecution requires you to confirm that you really do fear for your safety. A psychological evaluation can help prove that subjective fear.

Suppose you’ve experienced persecution in your home country. In that case, a psychological evaluation can help strengthen your case by providing the immigration court with information about how your persecution affects your mental health and wellbeing. An effective and comprehensive psychological evaluation can prove you have a credible fear of returning to your home country.

If you’re trying to prove fear of future persecution, a psychological evaluation can help strengthen your case for affirmative asylum, defensive asylum, or withholding of removal. If the immigration court attempts to deny your application because conditions in your home country have improved, a psychological evaluation can help make a case for “humanitarian asylum.” This allows you to receive asylum if you can demonstrate that you are likely to suffer ill effects if forced to return to your home country, such as post-traumatic stress disorder (PTSD).

Our providers are skilled at handling your case with professionalism, courtesy, and effective reporting of the psychological impact of your fear of persecution. It’s our goal to help make the immigration process easier for asylum seekers.

Let Us Help Make The Immigration Process Easier And Less Intimidating

Immigrating to the US is overwhelming thanks to complicated U.S. immigration laws and the stress of building a new life. It’s even more stressful in cases of political asylum when your health and safety are at risk. That’s why we’re here.

We offer a safe space to share your hardships and walk through the evaluation process with a kind, compassionate provider. To get started, schedule a FREE consultation with one of our providers to see if an immigration evaluation is suitable for your immigration case.