How can be successful in a refugee claim in the US?

The main factor for a refugee claim in the U.S. is demonstrating a “well-founded fear of persecution” in one’s home country

This fear must be based on a protected ground and be supported by credible evidence. Other key factors include the applicant’s location and admissibility to the U.S.

Core factors for the claim

A “well-founded fear of persecution” is the central requirement, which can be based on past persecution or a fear of future harm. The applicant must prove this fear is reasonable and tied to one of five specifics, protected grounds.

The five protected grounds

The Immigration and Nationality Act requires the fear of persecution to be “on account of” one of the following:

1. Race: Targeting of an individual based on their racial or ethnic identity.
2. Religion: Persecution due to an individual’s religious beliefs or practices, such as being targeted for their faith.
3. Nationality: Discrimination or harm based on a person’s national origin or citizenship.
4. Political opinion: Persecution for holding political views or engaging in political activities. This can also include imputed political opinion, where others believe an applicant holds a certain political view.
5. Membership in a particular social group: Persecution based on belonging to a group that shares a common characteristic. This category has evolved over time and can include people targeted for their sexual orientation, gender identity, or family ties.

Evidence of persecution

Applicants must provide credible evidence to support their claim. This can include:

• Personal testimony: The applicant’s own account is often critical to the case.
• Corroborating evidence: Supporting documents, such as country condition reports, news articles, police reports, and medical records, can strengthen the claim.
• Expert witness statements: Testimony from human rights experts or researchers may be used to corroborate conditions in the home country.

Jurisdictional factors

The refugee process in the U.S. differs depending on the applicant’s location.

Refugee vs. Asylum Status

• Refugee Status: For individuals located outside the U.S. who receive a referral to the U.S. Refugee Admissions Program (USRAP).
• Asylum Status: For individuals who are already physically present in the U.S. or arrive at a port of entry. The legal definition of persecution is the same for both.

Other jurisdictional requirements

• One-Year Filing Deadline: Asylum applicants must file within one year of their last arrival in the U.S. Some exceptions may apply.
• Not Firmly Resettled: A refugee or asylum applicant must not have firmly resettled in another country before arriving in the U.S.

Ineligibility factors

Several factors can automatically bar an applicant from receiving refugee or asylum status.

• Participation in persecution: Having ordered, incited, or assisted in the persecution of others.
• Conviction of serious crimes: Having committed a serious, nonpolitical crime outside the U.S. or a “particularly serious” crime in the U.S.
• Terrorist activity: Having engaged in or being connected to terrorist activities.
• Danger to security: Being considered a danger to the security of the U.S.