Asylum can help people with special cases

By Suzanne Brown
Adelante contributor

In order to be eligible for asylum in the United States, a person must show that he or she has a well-founded fear of being persecuted or harmed if returned to his or her home country on account of one of five grounds: political opinion, membership in a particular social group, nationality, race or religion. Claims for asylum must be made within one year of the applicant’s entry into the United States unless special circumstances exist and can be made to an immigration judge in a deportation proceeding or directly to the Department of Homeland Security.
Political Opinion and Organizing Activities
Most asylum cases are based on persecution on account of political opinion. In a country where the standard of living is low and where the government suppresses civil liberties and commits widespread human rights violations, membership in labor unions or student organizations that speak out against such practices could be considered political activities. Example: X is an individual from a country with a long history of human rights abuses. X, an active leader of a non-violent opposition party, is arrested, imprisoned for two years and tortured to punish him for his actions. X is finally able to escape and travel to the United States. After he flees, the army kills his father and burns his home while looking for him. The same government is in power today. It is likely that X will win his asylum case. Even if X does not hold a particular political belief, if other people in power believe him to hold such beliefs, an asylum case may still be possible.
Particular Social Group and Sexual Orientation
This category does not require formal membership in an official or identifiable organization such as a political party, labor union, church, or the like, but it does require that group members share a common characteristic that the members of the group either cannot change or should not be required to change because it is fundamental to their individual identities or consciences. Sexual orientation has been found to constitute a particular social group, so if gays or lesbians are persecuted in an applicant’s home country because of their sexual orientation, they may be eligible for asylum.
Race
Although race-based persecution is prevalent in countries whose citizens seek asylum, very few reported cases are based on this ground. There have been several cases, however, where members of certain persecuted indigenous groups in Guatemala have won asylum cases based on race.
Nationality
The term “nationality” is primarily concerned with ethnicity and linguistic groups, and it would typically involve situations where the applicant was a part of a minor cultural group that was persecuted by a majority group. Many nationality claims can also fit into the social group or race classifications.
Religion
A religion-based claim can be based upon fear of persecution for exercising one’s religious beliefs or one’s religious practice.
If a person fears persecution based on any of the above-mentioned grounds, he or she should contact an immigration attorney or counselor immediately.