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- The Applicant must show they are the victim of Persecution: PAST OR FUTURE. Persecution is a pattern of credible threats or attacks that can be verbal or physical
- The Applicant must prove that they suffered persecution in the past or must prove there is a strong probability of suffering persecution in the future.
- The persecutors can not be random criminals or people. It must come from the government or a group that the government is unable or unwilling to control
- There must be Reasonable fear of returning to the applicant's home country
- The Applicant must fall into one of the five protected grounds i.e. your political opinion or your religion or your race or your national origin or your particular social group
- Must Prove that there is a link/nexus between the persecution and one the five protected grounds. In other words, the reason behind the persecution must be because the applicant falls into one of these protected grounds.
Frequently Asked Questions
Get answers to common questions about the asylum process.
The difference is mainly how you entered the United States and if you had contact with Customs and Border Patrol CBP/ICE Immigration and Customs Enforcement. If you enter the United States with a valid Passport from your home country and a US Visa to enter the United States for example a Tourist Visa or Student Visa then after arriving in the United States you decide to apply for Asylum because you fear returning to your home country this is Affirmative asylum.
A particular social group is a group of people that have become more visible to their persecutors and therefore more likely to be pursued and suffer persecution.
YOU WILL BE GRANTED LEGAL PERMANENT RESIDENCY IN THE UNITED STATES! If you win your asylum claim, your immediate family members who are included in your application automatically win too and get residency as well.
Once you win your asylum you don't have to wait to become a citizen or a Legal Permanent Resident to bring your family. You can apply to bring your family immediately. This only applies to immediate family members. Spouse and children.
After 5 years you can apply for Citizenship.
You must be a U.S Citizen to apply to bring extended family to the U.S. so once you have obtained your citizenship.