Asylum Eligibility in Fairfax

An individual can be granted asylum in Fairfax if they can show that they are going to be persecuted. If there is a likelihood that they are going to be persecuted in their home country based on their membership in a particular group who has been targeted by an entity that the government cannot or will not control, an individual may be eligible for asylum.

To determine if you may be eligible for asylum in Fairfax, it is imperative that you consult with a knowledgeable lawyer as soon as possible. An experienced Fairfax asylum lawyer can build a case to help produce a successful outcome on your behalf.

Persecution Factor

Anyone who is in the United States can apply for asylum. It is governed by federal law so ostensibly, there is not a difference where the individual applies. However, there are different approval rates depending on which USCIS or immigration court an individual is applying in.

In order to prove that a person is eligible for asylum in Fairfax, they need to prove to the USCIS adjudicator or the immigration court that they have a reasonable fear of future persecution and that persecution needs to be on account of their membership in a particular race, religion, or national origin, their position of certain political opinion, or their membership in a particular social group.

Eligibility for Asylum

The first and most important element that an individual needs to prove is that their fear of returning to their home country is ostensibly and subjectively reasonable and that persecution is going to take place on account of a person’s membership in one of the protected categories.

Therefore, an individual has to prove their membership in a particular group, then must prove the nexus. The nexus is the connection between their membership in that particular social group and the probability that they are going to be persecuted based on that membership in that group of people.

There are other requirements that a person needs to make to be eligible for asylum in Fairfax. For instance, the individual needs to prove that they applied for asylum or initiated the application process within one year of arriving in the United States. They must also prove that they are not barred from asylum eligibility in Fairfax because of a criminal record.

Proving the Need for Asylum

The need to seek asylum is not always obvious. The individual’s membership in a certain social group and its connections to their likelihood of being persecuted is sometimes very clear, but other times, it is something that the individual needs to put to a structure and illustrate to the government themselves to show that they are eligible for asylum in Fairfax.

In some cases, a person can have a situation, for instance, where they have been targeted specifically because of their membership in a certain religion. The person may be targeted specifically because of their membership in this religion, a political party, or similar elements.

In other cases, an individual can fall under the particular social group category and needs to articulate to the court or the USCIS adjudicator what their particular social group is and why it will subject them to harm. An example of that is, for instance, Guatemalan women who have been the victims of domestic violence and are unable to leave their relationship. Such reasoning would be appropriate when determining asylum eligibility in Fairfax.

The particular social groups can be very specific in some cases and they do not need to apply to a larger group of people, but it does need to be more than just an isolated situation. For example, if an individual has a neighbor who wants to hurt them because of a dispute between the two of them in a supervised circumstance, even though the individual may be very likely to be harmed based on that situation, it does not mean that a person is part of a larger social group that is in need of protection. In these cases, that individual would not be eligible for asylum in Fairfax.

Influx of Applicants

In many cases, there will be a large group of people who are specifically targeted in a particular region based on their membership of a particular social group, This does not make each individual claim any less liable, however, there may be a bit more scrutiny of applications due to the large influx.

For example, there were many applicants from China for a while claiming they were subjected to forced abortion because of the one child policy.

Due to the flood of applicants, especially, in the New York USCIS offices and immigration court, it was found that many claims were fraudulent and the individuals were repeating the story because there had been approvals prior to that.

The extra scrutiny is to examine that if a person has an identical story to many different people that is just the truth of what the situation is but can subject him or her to higher scrutiny if there is suspicion of fraud. There is not a preference given to a certain race, religion, or nationality and the same standards apply to everyone.