What are the components of a strong asylum claim?

Many people enter the U.S. every day seeking asylum here, but many of those people will ultimately not qualify for asylum. So, what are the components of a strong asylum application?

Whether you’re filing your asylum application with the immigration court or with U.S. Citizenship and Immigration Services, the asylum process is long, and cases are very difficult to win. Many cases are in process for over five years before they will ever be reviewed by an immigration judge or officer. During most of that time, asylum applicants are allowed to remain in the U.S. and legally work here. Sometimes, while waiting for their asylum application to be reviewed, an immigrant may become eligible for other forms of immigration relief like a family-based immigrant visa or a U nonimmigrant visa for certain crime victims.

However, for many asylum applicants, asylum will remain their only possible claim for relief. For these folks, the strength of their asylum claim will determine whether they’re ultimately allowed to remain in the U.S.

To be eligible for asylum, an applicant must show that they suffered past persecution or have a well-founded fear of future persecution in the country they’re seeking asylum from, based on their race, religion, nationality, political opinion, or membership in a particular social group. Generally, this means that individuals seeking asylum must show that they were a victim or are likely to be a victim of target violence because of their race, religion, nationality, political opinion, or membership in a particular social group that is discrete and recognizable, like being a member of the LGBTQ community or a specific tribal group. Generalized violence in the community an immigrant is feeling is generally not a sufficient basis for an asylum claim.

If you have applied for asylum or are interested in applying for asylum and would like to know more about the process, please contact us!