Seeking Asylum? Know Your Rights, Eligibility, and the Legal Process

 Posted on March 13, 2025 in Immigration

What is Asylum and Who Qualifies for It?

At Hafey & Karim, we specialize in helping individuals seek asylum in the United States. Asylum is a form of protection that allows people to stay in the U.S. if they fear persecution in their home country. But not everyone qualifies—there are specific requirements that must be met.

What Is Persecution?

Persecution means serious harm or threats against a person because of their identity, beliefs, or background. This can include physical violence, unlawful detention, torture, severe discrimination, or other forms of mistreatment that make it unsafe for them to stay in their home country.

Who Can Apply for Asylum?

To qualify for asylum, a person must show they have been persecuted or have a well-founded fear of persecution in their home country due to one of the following reasons:

1. Race – If someone faces threats or violence because of their racial background.

   • Example: A member of an ethnic minority group is targeted by the government or extremist groups who want to harm them.

   • Case Example: A Rohingya Muslim from Myanmar faces systemic violence and displacement by the government due to their ethnic background.

2. Religion – If someone is persecuted for practicing (or refusing to practice) a certain religion.

   • Example: A Christian in a country where religious conversion is illegal is threatened with imprisonment for attending church.

   • Case Example: A Jehovah’s Witness in Russia is arrested and sentenced to prison for participating in religious meetings after the government banned their faith.

3. Nationality – If someone is targeted because of the country or region they come from.

   • Example: A person from a minority region faces discrimination and violent attacks by the majority ethnic group in their country.

   • Case Example: A Kurdish individual in Syria is denied citizenship, harassed, and imprisoned for speaking their native language and advocating for Kurdish rights.

4. Political Opinion – If someone is harmed or threatened because of their political beliefs or activism.

   • Example: A journalist exposing government corruption is arrested and tortured for their reporting.

   • Case Example: A Bangladeshi individual in Bangladesh is harassed, and imprisoned for speaking up against the current political party.

5. Membership in a Particular Social Group – This is a broad category that includes people who share a common trait that makes them a target for persecution.

   • Example: A woman fleeing domestic violence in a country where the government does not protect victims.

   • Example: An LGBTQ+ individual facing death threats in a country with laws criminalizing same-sex relationships.

   • Case Example: A transgender woman from El Salvador is attacked by gangs and refused police protection because of her gender identity.

Why Do You Need a Lawyer for Asylum?

Applying for asylum is complex. You need to provide strong evidence and present a convincing case. A mistake on your application or missing a deadline can result in denial and possible deportation. Immigration laws also change frequently, making it harder to navigate the process alone.

At Hafey & Karim, we specialize in asylum cases. Our team has years of experience handling both affirmative asylum applications (filed with U.S. Citizenship and Immigration Services) and defensive asylum cases (for those in deportation proceedings). We know what it takes to build a strong case and fight for your right to stay in the U.S.

If you or someone you know needs asylum, don’t wait. Contact us today for a consultation and let us help you through this challenging process.

Photo Credits to Sam Mann