North Carolina Immigration Attorney McCathern Painter discusses the five elements of asylum that every applicant must show to be granted this protection, whether they are applying affirmatively with USCIS or in immigration court.

  • You must show you’ve suffered past persecution in your home country. This usually involves past physical violence. However, if you have not suffered already, you can alternately show it is more likely than not that you would suffer persecution should you remain in your home country.
  • You need to be able to show the persecution is on account of a protected ground: race, religion, national origin, political opinion, or particular social group. (This is two elements, but they are always spoken of together in an asylum case.)
  • You must have been persecuted by the government of your home country, their agents, or a group they are unwilling or unable to control. The most notable example of this would be a large-scale drug trafficking ring.
  • The final requirement you must be able to show is that relocation anywhere in the country would not be reasonable, or that the same harm would befall you no matter where you moved.

Asylum law is complex and can be very intimidating for those fleeing terrible situations. If you feel you or someone you know might qualify for asylum in the United States and would like to consult with an experienced Immigration Attorney, call Dummit Fradin today!