Who may qualify for asylum in the United States?
A person may have a claim for asylum if they fear persecution in their home country because of their race, religion, nationality, political opinion, or membership in a particular social group. Past persecution can help establish that fear, but it is not required in every case. Conditions in a person’s home country can also change after they arrive in the United States, creating a new reason to seek protection.
What are the grounds for asylum?
An asylum claim must involve a well-founded fear of persecution connected to at least one of five grounds:
Race
Religion
Nationality
Political opinion
Membership in a particular social group
The reason for the feared harm matters. For example, a person who opposes their government may have a claim based on political opinion if that opposition places them at risk. Persecution based on a person’s race or religion may also form the basis of a claim.
Claims involving membership in a particular social group can be more difficult to evaluate. Whether a group qualifies depends on the facts and the applicable law. Membership in a group alone does not establish that someone qualifies for asylum.
Do you need to have been persecuted already?
No. Past persecution can provide strong evidence of why someone fears returning to their home country, but it is not required in every asylum case.
A person who has been harmed before may use that experience to support a claim. Someone who has not experienced past persecution may still face a risk of future harm, particularly if conditions in their home country have changed. In either case, the feared harm must be connected to a protected ground.
Can a change in your home country affect an asylum claim?
Yes. A person may arrive in the United States when returning home appears safe, only for conditions in their home country to change later. A change in government, for example, could place some people at risk who were not previously in danger.
A change in country conditions does not automatically give everyone from that country an asylum claim. What matters is how the change affects the individual and whether the feared persecution is connected to a protected ground.
What if someone has been in the United States for more than one year?
People generally have one year from their arrival in the United States to apply for asylum. Changed circumstances may provide an exception to that deadline.
Anyone concerned about returning home because conditions have changed should seek legal advice promptly. The timing of the change and the person’s individual circumstances can affect the claim.
Speak with an Immigration Attorney about your situation
Asylum claims depend on individual facts. People who fear returning to their home country because of their political opinion, race, religion, nationality, or membership in a particular social group can contact the Law Office of Louis S. Haskell to discuss their situation.
This article is for general information only and is not legal advice. Whether someone qualifies for asylum or an exception to the filing deadline depends on their individual circumstances.
TL;DR
Asylum claims must be connected to one of five protected grounds.
Past persecution can support a claim, but it is not always required.
Changed circumstances may create a new claim or affect the usual one-year filing deadline.
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Learn the five grounds for asylum, whether past persecution is required, and how changed circumstances may affect a claim.