Generally, non-citizens who can prove that they were persecuted or fear persecution on account of their race, religion, national origin, political opinion or membership in a particular social group may seek asylum in the United States. Social groups may include individuals who identify as gay, lesbian or bisexual; those who are members of certain ethnic groups; and those who belong to tribes.
Individuals who are granted asylum are considered to be “refugees” under international law, and they have a legal right to stay in the United States indefinitely. However, a person who has been granted asylum can have it revoked if they fail to follow specific immigration rules, if they pose a danger to the public or if they are found to have committed a criminal offense or acted as an agent of terrorism.
Past persecution on account of a protected ground is the strongest basis for an asylum claim. In addition, the person must also establish that they have a well-founded fear of future persecution on account of their membership in a particular social group.
In some cases, people who do not qualify for asylum may be eligible for more limited forms of protection, such as withholding of removal or deferral of removal under the Convention Against Torture. Unlike asylum, these forms of protection do not provide a path to lawful permanent resident status (a green card). Immigration attorney Mona Tehrani can help people apply for and obtain the protection they need.