In the United States, asylum status is a form of legal protection offered by the government to anyone who might be fleeing persecution in his or her home country. The persecution may be religious, political, or social, and may be taking place on a variety of severity levels; if the person is suffering from a well-founded fear for safety, they are eligible to apply for United States asylum. Once granted, this asylum status lets them live safely in the US without typical requirements such as a visa or citizenship.
Applying for Asylum
People can, and do, apply for asylum either while already in the US, or while still in their home countries; they may apply for it as a pro-active move, before they are asked to leave the US, or they may apply as a defense against being asked to leave the country. Whenever the application is put in and under whatever circumstances, the individual must be able to prove that they do indeed need asylum in order to remain safe.
Proof of Reasonable Probability
After you submit an application for asylum, you will be brought in for an interview with the United States government and immigration specialists.
- During your interview, the “burden of proof” will rest on you: in other words, it’s your job to actively prove that you need to remain in the US, and if you cannot prove it, the default position is that you will have to leave.
- To be specific, much like in a court of law, you must prove there is a “reasonable probability” that you are unsafe in your home country.
- In order to do this, you will have to present solid facts to the government, including records of persecution that may have taken place before you left your country; current news reports showing persecution of people who share your opinion, social group, or culture; or other hard evidence that indicates you would be in danger if you returned home.
Reasonable Fear and Personal Fear
It will also be your job to prove both an “objective” and “subjective” fear of persecution.
- An objective fear means that any reasonable person in your position would share your fear, and it’s not limited to you as an individual. This can typically be done with the aforementioned news reports or records proving that your particular situation is that of an individual likely to be persecuted.
- Proving a subjective fear to the government means that you must prove your own fear is genuine and that you as an individual believe in the threat to your safety.
Keep in mind that an application for asylum isn’t merely about fear of returning to your country: it is also related to your need to remain in the United States. You may have family or employment here in the US, but that is not always enough to prove to government officials that you should stay here. What in the United States and its protection laws is specific to the US alone and will help keep you safe? Also remember that if you fled your home country and lived somewhere else before coming to the US – and if you were safe and free from persecution in that other location – you may not be eligible for US asylum.
Getting Help
When trying to prove to UCSIS that you need asylum protection, you should get the help of an experienced US immigration attorney. Your lawyer can assist you in gathering the evidence to prove your case and can help you prepare to speak to immigration officials and plead your case.
