The 5 Bases for Asylum are:
- Membership in a Social Group
- Political Opinion.
One must prove with documentation, witness testimony and other evidence that ones self or family has been persecuted in their own country in the past and because of that persecution one has a "credible fear" of returning to their home country.
For harm or suffering to be considered persecution, it must have be inflicted by either the government or persons or organizations the government is unable or unwilling to control.
The following questions must be answered to determine whether an asylum application can be approved and permanent residence in the United States awarded:
- Has your personal safety, life or freedom ever been threatened on account of Your Race.
- Have your beliefs, practices or association in a Church, Synagogue, Mosque, Temple or other Religious Group caused you or your family to be persecuted?
- Are you a member of an ethnic group or nationality which has suffered persecution in your home country and have you or your family ever been arrested, detained, threatened or abused because of such membership?
- Are you or your family a member of any in a social group such as military, gender, sexual orientation, dissident or other group which has been persecuted in your native country and have you or your family ever been selected out for individual persecution?
- Are you or your family a member of any political party or organization that has been subject to persecution for actively expressing such political opinions?
Filing Deadline - Work Authorization
Petitions for Asylum must be filed within 1 year of entry into the United States, absent extraordinary circumstances. Upon filing for Asylum a work permit can be issued after 180 days.
Preparing for Trial
Asylum claims are very difficult to prove in court without witnesses and documents. Witnesses who saw or heard the violence or threats of violence. Many times there exist no police reports or medical records of injuries. Police Departments in many of these countries are controlled by violent gangs and witnesses are afraid to come forward and testify. Our lawyers prepare witnesses to testify from the home country and gather prof of the threats and violence that are common in that country at time of trial. We also prepare our client for their testimony in court which ofter is set many months or even years after the events that caused them to seek asylum in the U.S.