Political asylum is a legal protection in which people who fear persecution can find safe haven in another country. The right to asylum, from the ancient word asulon (asylum or sanctuary), is one of the most fundamental and oldest concepts in human law.
To receive asylum, an individual must show that they have a well-founded fear of returning to their home country due to one of the five protected grounds: race, religion, nationality, membership in a social group, or political opinion. Many LGBT+ individuals and survivors of domestic violence qualify for asylum based on their sexual orientation or gender identity, and cases also often involve multiple protected grounds.
The BIA’s Asylum Interview Guidelines state that “candid, credible and sincere testimony of a person’s genuine fear of persecution, in conjunction with other evidence, normally satisfies the well-founded fear requirement.” See In re Kasinga, 73 I & N Dec. 357, 352 (BIA 1996) (“persecution based on a victim’s gender identity and sexual orientation was sufficiently established”).
Asylum interviews are generally conducted at the immigration court in which a case is pending. The applicant will typically have to wait in a long line to check in for the interview, and the entire process can take more than a day. For this reason, it is best not to ask for the interview to be adjourned unless there is a compelling need. If your client needs more time to prepare, or has a conflict with the interview date, they should submit a letter to the BIA with supporting documents explaining why the interview should be postponed.