Asylum Statement

Here at Wani & Associates, P.C., we also specialize in Asylum and Removal Defense. Our attorneys have won asylum for clients of over 20+ countries including El Salvador, Guatemala, Honduras, Nicaragua, Peru, Mexico, India, Pakistan, Bangladesh, Saudi Arabia, Nepal, Afghanistan, Nigeria, Syria, Egypt, Ghana, Cameroon, Sierra Leone, Azerbaijan, Bolivia, Burma, Cuba, Ethiopia, Iraq, Iran, Jamacia, Lebanon, Morocco, Peru, Russia, Senegal, Somalia, Sri Lanka, Tajikistan, Togo, Uzbekistan, Yemen and more. But what is asylum?

Asylum is a form of protection which allows an individual to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. Normally, a person applies for asylum after they have fled from their home country because they have suffered harm or persecution. Getting asylum granted in the United States is NOT EASY and could be a very difficult process to navigate without an experienced attorney. In order to win asylum, you have to show that: (1) you have suffered past persecution or have a well-founded fear of future persecution; (2) the persecution is on account of a protected ground or membership in a protected social group; (3) and the government of your home country is unwilling or unable to assist you. If you are able to demonstrate these things to an asylum officer or an immigration judge, then you may be granted asylum and will be eligible to apply for your green card after waiting one year.

Persecution can come in many forms and does not necessarily mean that you had to have been physically harmed (i.e. shot with a gun, stabbed with a knife, tortured or beaten). In fact, our circuit for Maryland and Virginia allows death threats to be recognized as a form of persecution. In some cases, the death threats do not even need to be made to you and can be given to you by a third party or someone else. Therefore, just because you never went to the hospital for injuries in your country does not mean that you can’t apply for asylum.

Showing that the persecution you suffered was on account of a protected ground or membership of a protected social group can be very tricky. Often times, people are unaware of why they are being targeted at the time until they stop and think about all of the circumstances surrounding their persecution. Furthermore, individuals could be targeted and harmed for a number of reasons, and it could be extremely difficult to relay all of this to the government official hearing your asylum case. That it is why it is best to hire an experienced attorney who can help bring out all of the facts of your asylum case and help determine which protected group you belong to. Although there is no set list of protected social groups (PSG’s), the courts and asylum offices have accepted various groups of what may constitute a PSG. Family membership, for example, can be a protected social group if the reason you were targeted was because of your relationship to a specific family member. Witnesses of a crime, can also be a protected social group IF it can be shown that you participated somehow in being a witness to a crime such as testifying in your home court. Claiming a PSG is extremely tricky because the courts are constantly changing, and a good attorney will know and be on top of new case law as it comes out.

Finally, the last element to show for asylum is that the government in your home country is unwilling or unable to protect. Usually, the person deciding your asylum will look to see if you made ANY attempt to try and get police assistance, such as calling the police, making a statement or writing a report, etc. However, it is important to note that you do not need to show this element of asylum if you are claiming that the government itself is the one harming or trying to persecute you. Our attorneys at Wani & Associates, P.C. are aware that oftentimes in dangerous countries, going to the police would be futile because they often work with gangs or even contacting a police officer in your country would be a sure death sentence. Thus, you should contact us before applying for asylum to make sure that your right to apply for asylum is well-protected.