Eligibility requirements For Asylum In U.S. – An Overview

For the purposes of U.S. asylum law, the term “religion” encompasses all types of beliefs and related practices.  To qualify for asylum on religious grounds, you must prove that you suffered significant physical, mental or economic harm in your country because of your religion/religious beliefs and practices or lack thereof; and that you fear that you will be persecuted on this basis if you are forced to go back. You may also qualify for asylum on this basis if you can prove that your country’s laws specifically target your religion and your life has been dramatically affected as a result.

If you’re applying for asylum based on persecution as a member of a particular social group you must prove that: a) you identify as a member of a specific set of people that shares a trait or characteristic that it is so essential to each person’s identity that it can’t or shouldn’t be changed; b) your country officially acknowledges the existence of the group; and c) that you were persecuted  in your country and have a valid reason to be afraid of being persecuted in your country based on your membership in this group.

If you are gay, bisexual, lesbian or transgender, you may be eligible for asylum in the United States as a member of a particular social group (discussed above). To qualify for asylum on this basis, you must provide evidence validating your sexual preference or gender identity. You must also prove that you were persecuted because of your sexual preference or gender identity in your country, and that you have good reason to be afraid that you will be persecuted for those reasons if you return.

Political opinion in this context can be defined as your affiliation with a political group, opposition to a political group, or participation in certain activities that can be regarded as an expression of your political beliefs. If you can prove that you were persecuted in your country for any of these reasons, and that you have a bona fide fear of future persecution, you may qualify for asylum based on political opinion.

In some cases you may not be able to qualify for asylum based on any of these grounds due a significant change in your country — such as a change in government. If so, you may seek asylum on humanitarian grounds. To qualify on this basis, you must prove that you experienced significant persecution in your country before and that you are still suffering from its effects; or that it’s likely you will experience “other serious harm” if you are forced to go back to your country.

National origin as a basis for asylum is explicitly laid out in U.S. Immigration Law. It is closely related to claiming asylum on the basis of ethnic groups, but it is a distinct category. Nationality is concerned with a group of people’s shared political history or aspirations and nationalities tend to be associated with certain geographical areas or independent states. Ethnic groups on the other hand, are social groups that are identified by others based on having a shared cultural history–particularly shared linguistic history.

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