Страница в процессе перевода с английского языка...

NOTICE: The information contained on this page site is intended to educate the general public and is not intended to provide legal advice. To ensure proper handling of your individual situation please call (703) 527-1779.

An individual who qualifies as a “refugee” may be granted asylum.

Who is a refugee?

A person who: “owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable or, owing to such fear, is unwilling to avail himself/herself of the protection of that country; or who not having a nationality and being outside the country of his/her former habitual residence…., is unable or, owing to such fear, is unwilling to return to it."

Well founded fear. There must be a reasonable possibility of persecution. The test consists of two parts: (1) Objective. The applicant must show that the fear is objectively reasonable, i.e. there is at least some possibility that the applicant will be persecuted if he/she returns to the country of origin. (2) Subjective. The applicant must show that his/her fear is genuine, i.e. she is a target of persecution.

Persecution. Definition: There is no universally accepted definition of “persecution", but Board of Immigration Appeals defines persecution as “infliction of harm or suffering by a government or persons a government is unwilling or unable to control, to overcome a characteristic of the victim. Examples: Genocide; Slavery; Torture; Cruel or degrading, inhuman treatment; Threats of life; Arbitrary arrest or detention; Inability to earn a livelihood; Inability to travel safely within a country; Arbitrary interference with a person's privacy; Serious restrictions on access to normally available education; Passport denial; Constant survelliance; Pressure to become an informed; Confiscation of property.

* Past persecution: Past persecution provides presumption of well founded fear. To show past persecution the applicant must prove that an incident: (1) Raises to the level of persecution; (2) Is on account of one of the five enumerated grouds (race, religion, nationality, membership in a particular social group or political opinion); (3) Is committed by the govenment or forces the government is unable or unwilling to control.
* Future persecution: Absence of past persecution is not a bar to asylum. The applicant may also qualify for asylum by showing a reasonable possibility of future persecution only.

Professionals at I.S. Law Firm have helped number of individuals to apply for asylum in the United States. If you think you qualify for asylum, please contact us for a free initial telephone consultation.

For free initial consultation call (703) 527-1779.