Asylum
Asylum is a very challenging form of humanitarian relief. Eligibility for asylum can change often and even if the applicant meets all the requirements, the decision to grant asylum is discretionary. This means that the judge can deny the petitioner due to a number of reasons beyond the application. It is generally preferred to apply for asylum affirmatively rather than defensively (before a deportation notice). With few exceptions, applications for asylum must be submitted within one year of entering the United States.
In order to be eligible for asylum, the applicant must prove several points. The applicant must demonstrate three main items: (1) he or she suffered persecution (2) on account of (3) a protected ground.
Persecution:
Persecution means the infliction of harm or suffering. This harm can be physical, psychological or economic. Not all harm rises to the level of persecution. Even if past persecution is proven, the application may still be denied if there has been a fundamental change in circumstance in the applicant’s home country. For example, the persecutor was removed or laws changed to protect the applicant from the harm suffered.
Nexus: The harm suffered has to be directly related to, or on account of, the protected grounds listed above.
Protected ground
Protected grounds include (a) race (b) religion (c) nationality (d) political opinion (e) membership in a particular social group. Of all the protected grounds, membership in a particular social group is the most complex.
Membership is generally defined as (a) members sharing a common immutable characteristic (b) defined with particularity (c) socially distinct within the society in question. Many fail to show they meet this protected ground category because they are unable to show immutable characteristics.
Recent changes in the law have made it very challenging for those fleeing gang- based violence to apply for asylum in the United States. If you believe you are eligible for asylum, NS Law Firm can help with your petition. Call us today at (713) 909 0752 or email at admin@nslawpllc.com to set up a consultation.