Individuals who apply for asylum do so under extreme circumstances. Most people would rather not leave the nation where they were born and bred. People usually use tourist visas, student visas, work visas, marriage visas, etc., and the standard immigration procedures to enter and remain in a foreign nation. But for some people, the need to leave their country is immediate and pressing. Staying in their own country would put them at risk of prosecution, violence, or even death simply because of who they are rather than for any wrongdoing. The United States has a procedure for granting non-citizens asylum to provide them with protection and a place to call home. Read on to find out the legal grounds for Seeking Asylum in the United States, and contact an aggressive New York immigration lawyer if you need assistance with deportation defence, obtaining a green card, becoming a citizen, or obtaining a visa.
Discrimination For Safe Reasons As A Basis For Seeking Asylum
A non-citizen who wishes to apply for asylum in the United States must demonstrate to the government that they are refugees and would be in danger if returned to their native country. Some forms of persecution do not meet the criteria. The persecution they’re experiencing must be due to one of these five factors:
- Participation in a social group
- A View on Politics
The noncitizen must demonstrate that persecution in their home country “was or will be at least one central reason” for one of the five reasons listed above. Asylum is typically given to noncitizens in imminent danger in their home country due to a violent revolt or widespread violence or activity targeted at members of the noncitizen’s race, religion, or another qualifying trait. The noncitizen has a right to seek asylum if, due to their race or the race of their family, they fear being persecuted in their own country.
Non-Citizens Can Seek Asylum For Fear Of Domestic As Well As Gang Violence
Those who were not citizens and sought asylum from domestic or gang violence during the previous federal administration were often denied. The Trump administration purposefully narrowed the scope of the asylum programme, barring applicants who said they were fleeing domestic abuse or gang violence in the past and future. The administration determined that these worries did not originate from persecution and were eligible for asylum. Those decisions have been reversed, thankfully, by the Biden administration.
The previous Justice Department decisions regarding domestic abuse and gang violence were vacated by Attorney General Merrick Garland, opening the door for women escaping domestic violence in their native country and families targeted by violent gangs to seek refuge in the United States. The Justice Department and the Department of Homeland Security are presently working on new laws addressing asylum under President Biden’s direction, as the rulings do not provide a final answer to the question of who is and is not eligible for asylum.
Under the existing requirements, the government must be unwilling or unable to protect the applicant from the perpetrators of domestic violence, and the violence must be motivated by one of the five protected grounds. For instance, a woman whose government and culture do not protect her from domestic violence may claim that she is a member of a social group that is discriminated against in her country based on her gender. She and her family may be eligible for refuge if members of their race threaten them due to her interracial marriage.
Contact skilled and qualified Queens immigration lawyers if you or a loved one are seeking asylum, protected status, citizenship, or permanent residence status, or if you are having any other problems with your immigration status.
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