What Asylum Protects & Who Qualifies Under Federal Law

What Asylum Protects & Who Qualifies Under Federal Law Asylum is governed by INA § 208, with eligibility based on the refugee definition in INA § 101(a)(42). Generally, applicants must show they cannot or will not return to their country because of past persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The harm must have a legal connection, or “nexus,” to one of these protected grounds. Persecution can include serious threats, violence, torture, or severe discrimination—not simply ordinary hardship. A well-founded fear does not require certainty; a reasonable possibility of persecution may be sufficient. Particular social group claims can involve issues such as family membership, gender-based violence, sexual orientation or gender identity, or resistance to criminal organizations, depending on the facts and current case law. Because legal standards can change, properly defining the protected ground and supporting it with evidence is critical when preparing an asylum claim. Dallas Immigration Attorneys 3500 Oak Lawn Avenue, Ste 460 Dallas, TX 75219 (945) 202-5299 https://www.DallasTXImmigrationAttorneys.com/