Eligibility for Seeking Asylum

Those who are living in United States or outside of their own country may be eligible to apply for asylum. There are specific requirements to ensure eligibility for seeking asylum and they may be challenging to prove.

Fear due to beliefs or lifestyle

Residents of any country who believe they may be persecuted by their government based on their politics, religion or sexual orientation may be eligible to seek asylum in the United States. These conditions can be unbearable and make it difficult or impossible for a person to remain in their own country.

Fear of persecution by the government

People often seek asylum because they fear the actions of their government. The government is defined as any person in a position of authority within a country including the military and the police. Fears may include torture, imprisonment or a deprivation of privacy or other rights. These fears do not always result in asylum being granted as there are different standards depending on the home country.

When asylum may be denied

People who are seeking asylum in the United States may be refused based on some specific guidelines set up by U.S. Immigration and Customs Enforcement. Some of these include:

  • Crimes – people who seek asylum may be refused based on a criminal conviction. This is especially true if the crime is considered serious and may be a crime committed in the United States or in the home country.
  • Security – someone seeking asylum must not be considered a threat to the security of the United States.
  • Bigotry/hatred – asylum seekers must not have engaged in conduct that threatened someone based on their politics, religion, sexual orientation or nationality.

The process for being granted asylum in the United States is not a simple process. Those who believe they may be eligible should contact Lubiner, Schmidt & Palumbo, LLC for assistance. We have extensive immigration law experience and may be able to assist you.