Columbus Refugee & Asylum Lawyer
Individuals from other countries can seek either refugee protection from the United States (if they are currently outside the U.S.) or asylum protection from the United States (if they are currently in the U.S.). If you believe you are eligible to seek refugee or asylum protection from the United States of America, you need to speak to an experienced refugee and asylum lawyer. An attorney can help you file for either refugee or asylum protection. Navigating through the U.S. immigration system can be challenging, but an experienced attorney can make things easier for you.
If you believe you are eligible to seek refugee or asylum protection from the United States, you should know that the U.S. is quite strict about who it grants such protection. It is not enough to feel afraid of going back to your home country. There is more you need to prove and our Columbus refugee & asylum lawyers can help.
Eligibility for Refugee or Asylum Protection
Below are two main things you need to show to be eligible for refugee or asylum protection in the United States of America:
- You fear suffering persecution in your home country because of your religion, race, political opinion, nationality, or membership of a particular social group.
- You cannot return to your home country and seek protection there because of fear of persecution.
It can be hard to prove that you were persecuted or fear being persecuted because of one of the five-mentioned grounds. This is why you need to retain a skilled attorney who can help you prove your case.
What Is the Meaning of Persecution?
The INA does not explicitly define the term “persecution.” However, courts have established the meaning of this term. Generally, courts in the U.S. have held that persecution arises when there is a threat to freedom or life on account of religion, race, nationality, political opinion, or membership of a particular social group.
It is crucial to note that adjudicators usually decide what constitutes persecution on a case-by-case basis. However, below are some types of abuse that adjudicators have consistently recognized as constituting persecution:
- Severe robbery or criminal extortion
- Discriminatory punishment for a criminal offence
- Coercive psychological or medical treatment
- Unlawful detention
- Physical violence such as rape or sexual abuse
- Substantial economic discrimination
- Other discrimination such as passport denial or restriction on access to education
- Other violations of human rights such as slavery
Defining the Term “Well-founded Fear” of Persecution
According to the USCIS, for an individual to establish a well-founded fear of persecution, they must show that;
- they have either a subjective fear of persecution, or
- that their fear has an objective basis.
You have a subjective fear of persecution when you genuinely fear returning to your home country. On the other hand, you satisfy the objective element if you can prove with facts that any reasonable person would fear persecution in your position.
Contact a Columbus Refugee & Asylum Lawyer
For a long time, the United States of America has offered protection to individuals and their families who face persecution at home. For help filing an asylum or refugee application, contact the experienced Columbus refugee & asylum lawyers at Shirazi Immigration Law today. Call us at 404-523-3611 to discuss your case.