If you are seeking asylum from the United States, you must prove that you qualify as a “refugee.” The law defines a refugee as someone who has suffered past persecution...
Media reporting on the treatment of migrants at the southern border has called attention to the US asylum process. Many don’t realize, however, that there are also many...
Many asylum applications are denied because the applicant is unaware they must file within one year of entry into the U.S. Asylum seekers, who are detained at the border and then placed in removal proceedings, generally do not receive notice of this deadline until the first hearing. Due to significant backlogs at the immigration court, however, few are scheduled to appear in court within one year of their entry.
Marshall Cohen, chairman of the American Immigration Lawyers Association’s Georgia-Alabama chapter, and Founding Partner of Antonini & Cohen Immigration Law group, was recently interviewed for the Daily Report article, “Immigration Lawyer: Attorney General’s Rejection of Governor’s Syrian Plan Isn’t Surprising, but It’s Significant” by Meredith Hobbs.
The Paris attacks by ISIS were horrendous crimes against humanity. In their wake, we understandably want to prevent anything remotely similar from happening here. Governor Deal’s “refusal” to accept Syrian refugees in Georgia, however, is practically and legally an empty gesture that does nothing to that end. It fails to make us safer and only weakens us by promoting misinformation and fueling senseless fear.
To obtain asylum in the USA, an applicant must demonstrate a well-founded fear of persecution that is based on a protected ground. There are five protected grounds: race, religion, nationality, political opinion and social group. The persecution must include evidence of past and future persecution. Demonstrating past persecution enables acknowledgement of possible future persecution.
Is filing for asylum in the US right for you?
You will need to determine whether US asylum laws will protect you from the types of harm you fear and the reasons you could be harmed. Asylum protects those who are unwilling or unable to return to their home country because they have been persecuted (or fear they will be persecuted) due to their race, religion, nationality, membership in a particular social group, or political opinion.
Persecution is a difficult term to define. A threat to life or freedom is usually considered persecution but discrimination and harassment are usually not. Examples of persecution include confinement, torture, rape, sexual assault, forced abortion, female genital mutilation, beatings, kidnapping, inability to earn an income, and being forbidden to practice your religion.