Many people flee their home countries for a variety of reasons. Some seek refuge from war and other kinds of violence, while others are escaping poverty, human rights violations or climate change. Ultimately, millions of men, women and children are forced to leave their homes for safety or economic reasons, and many end up seeking asylum in the United States.
In order to qualify for asylum, a person must prove that they have suffered persecution on account of one or more protected grounds in the past and that they have a well-founded fear of future persecution. The past persecution must have occurred on a continuous basis, or it must have reached a certain level of severity.
Asylum adjudicators generally consider the punishment under a country’s law to be disproportionately severe or in violation of international human rights standards when determining if it constitutes persecution on account of a Convention ground. They also consider the context and timing of the past persecution to determine whether it was on a continuing basis.
There are certain circumstances that prevent an individual from receiving asylum, such as failing to apply within one year of entering the United States or committing a serious crime in the United States. The best way to ensure that a person’s case meets the legal standard for asylum is to have qualified, experienced immigration counsel by their side. Mona Tehrani is a highly-experienced, compassionate and dedicated immigration attorney who can help individuals seeking asylum with their cases.