Many come to the United States each year in search of a safe haven free from the persecution they face in their home countries. If you have been placed in such fear, please CALL US today for help!
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See 8 C.F.R. §208, which states that in order to qualify for asylum:
- An individual must be physically present in the United States.
- The individual must establish:
- Past Persecution (or) a well Founded Fear of Future Persecution
- Persecution based on the account of one of the five (5) protected grounds:
- Political Opinion
- Membership in a Particular Social Group
Under 8 U.S.C. § 1101(b)(1)(B)(i) (2000); 8 U.S.C. § 1101(a)(42)(A) (2000):
An individual seeking asylum within the United States must demonstrate that she/he is a refugee, a designation that includes “any person who is outside any country of such person's nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well- founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion . . . .”Burden of Proof
The applicant has the burden of proof to establish that he or she is eligible for relief. This burden is met by demonstrating the following:
- The individual suffered past persecution; or
- Has a well-founded fear of future persecution.
Courts define persecution as, “The infliction of suffering or harm, under government sanction, upon persons who differ in a way regarded as offensive (e.g., race, religion, political opinion, etc.), in a manner condemned by civilized governments.” Abdel-Masieh v. INS, 73 F.3d 579, 583-584 (5th Cir. 1996)Well Founded Fear
An applicant must show a “reasonable possibility” that they will be persecuted.
A well-founded fear is established by the following:
- The applicant is afraid of being persecuted on the basis of a protected ground;
- There is a reasonable possibility such persecution will occur upon return;
- The applicant is unable or unwilling to avail himself of the protection of his/her government. 8 C.F.R. §208.13(b)(2)(i).
A well-founded fear can also be established if an applicant can demonstrate past persecution. The demonstration of past persecution triggers a presumption of a well-founded fear of future persecution. 8 C.F.R. §208.13(b)(1).
Once the presumption is triggered the burden of proof then shifts from the applicant to the government, which must then show either a fundamental change in circumstances or the possibility of internal relocation to overcome the presumption of future persecution. If the government successfully rebuts the presumption of future persecution, an applicant can still be granted asylum if she/he can demonstrate compelling reasons for being unwilling or unable to return arising out of the severity of the past persecution or a reasonable possibility of suffering other serious harm. 8C.F.R.§208.13(b).Asylum Forms
Form – I-589, Application for Asylum and withholding of Removal
Our Asylum Immigration lawyer offers an absolutely FREE & confidential case consultation
There are many easy ways to contact us:
- Please call us:
- Local: 818-222-3400 (after hours please dial 1) or
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- Send us an email to info@WalchLaw.com
There is NO charge for our initial consultation – it is absolutely FREE and confidential!
We look forward to speaking with you and helping you resolve your Asylum and other Immigration legal problems.
Please contact us now – You will be glad that you did!