ASYLUM LAWS OF THE UNITED STATES ARE AIMED TOWARDS PROVIDING PROTECTION AND SAFE PLACE TO LIVE FOR THOSE INDIVIDUALS WHO MEET ONE OF THE FOLLOWING REQUIREMENTS:
1. YOU HAVE SUFFERED HARM OR PERSECUTION IN THE PAST IN YOUR HOME COUNTRY OF NATIONALITY BECAUSE OF your race, or your religion, or your political opinion or your nationality or ethnicity or your membership in a particular social group. The past persecution, mistreatment or harm must be connected to at least one of these reasons. For example you suffered harm in the past in your home country because you belong to a ethnic or religious group which is considered a deprived or oppressed minority. Another example would be if you participated in certain political activities and the government of your country suppresses those activities or political party. Yet another example would be your membership in a particular social group. This category is a tricky one and the United States laws on this are still evolving and most cases are decided on case by case based on specific legal arguments around that issue. However, more and more case law is developing around this category and it is more recognized then before.
2. YOU DID NOT SUFFER OR FACE ANY PAST PERSECUTION OR HARM IN YOUR NATIVE COUNTRY OF NATIONALITY BASED ON ANY OF THE ABOVE CRITERIA BUT YOU CAN DEMONSTRATE OR PROVE THAT YOU HAVE A WELL-FOUNDED FEAR OF FURURE HARM OR PERSECUTION UPON GOING BACK TO YOUR COUNTRY OF NATIONALITY DUE TO your race or religion or nationality or political opinion or your membrship in a particular social group. Although you need only prove the connection of future fear of harm with ONE of the reasons stated here it could be more then one reason. Most of the time the reasons might overlap. For example you might have a specific relifion which supports a particular political view as well. Or for instance your ethnic backgroung may be one that follows a specific religion in that country which makes you a minority there and you are oppressed due to those reasons.
As for membership in a particular social group you simply need to show that you are a member of such class of people who have suffered or are suffering harm in that country of your origin for example women in certain country are subjected to certain practices which men are not. This will include forced abortion as in China, because only women can have abortion and men dont, denying right to education to girls in some countries such as Indo-Pak and Afghanistan and Iran etc, forced marriages only upon girls or women such as mostly in the Middle east, acid attacks on women of certian socio-economic class in some countries such as Pakistan or India, honor killing for wanting to enter a love marriage etc. Please refer to my blog and posts on gender based asylum for a further understanding of this category of asylum.
You need not show that you suffered any special harm in the past, so long as you can demonstrate that other “similarly situated” women and girls or individuals are suffering the specific harm and persecution back in your country then if you are determined to be a member of that class of women you will qualify for asylum under the ‘particular social group” category. This category also helps gay and lesbians and Eunich (heejra) and other socially discriminated minority groups of specific socio-economic classes.
Asylum Laws of the united states are liberal but comlexed. To fit into any of these categories is not simple. You need advise and legal analysis of an experienced Immigration attorney who can guide you through the process in meeting the legal requirement for asylum in the United States.
Once granted asylum, you can then apply for a green card after one year and also sponsor your dependent children and spouse within one year.
the after five years you can apply to become a United States citizen.
If you need any further legal advice or you believe that you may have a asylum case or basis for it but you are not sure please contact EXPERIENCED IMMIGRATION ATTORNEY
HUMA KAMGAR Attorney at law
NEW YORK, NY 10007