Asylum Eligibility in Maryland

An individual does not need to prove past persecution in order to seek asylum in Maryland. However, if a person has experienced persecution in the past and fled a country on the basis of that persecution, then it is easier for that person to prove the legal standard for the likelihood of future persecution. An individual may also qualify for asylum if he or she can prove that he or she has a reasonable and well-founded fear of future persecution.

As you seek asylum in Maryland, it is very important to have an experienced Maryland asylum lawyer to help you through the process. Not only will they explain anything that may be confusing or difficult to understand, but they can also be your advocate and your support system with your best interests in mind.

Proving Likelihood of Future Persecution

The manner in which an individual goes about proving the likelihood of future persecution is dependent on the facts of his or her individual situation. A big part of this process involves providing extensive documentation of the conditions in the individual’s home country. This documentation is in turn used to prove that people in the individual’s particular social group are experiencing persecution based on their membership in that group in the individual’s home country.

Eligibility Requirements

The eligibility requirements for seeking asylum in Maryland are the same as those in all other states. This is because asylum is related to immigration regulations that are determined on the federal level.

However, the general rule regarding asylum eligibility is that an individual must apply for asylum within one year of entering the United States. Still, there are some exceptions to this. For example, if an individual has experienced various extraordinary circumstances that have prohibited him or her from applying within a year, or if the individual’s home country has recently experienced changes that cause an individual to fear of persecution if he or she returns, the application period may be extended. Such circumstances are, generally, rare. Typically, an individual must apply for asylum within one year of entering the United States.

Apart from the time frame in which an individual must apply for asylum, there are additional requirements that he or she must meet. Generally, the individual must have a reasonable fear of prosecution at the hands of the government of his or her home country or by an entity that his or her government cannot or will not control.

Possible Restrictions

The first restriction an individual might face involves the application time frame. If an individual has resided in the United States for longer than a year, he or she will face additional barriers to application. A criminal record may also act as an obstacle in the application process. There are certain criminal convictions that will make an individual ineligible for asylum; thus, applicants must ensure that they are not subject to such regulations.

A final, and important, obstacle involves the nature of the applicant’s claim. Although an applicant may legitimately fear returning to his or her home country, he or she may not be able to prove that this fear is connected to government sanctions or government-sponsored persecution, or that his or her persecution is going to occur on account of membership in a particular social group. Thus, while an applicant’s fear may be legitimate, he or she may have difficulty asserting his or her claim in the application process.

Races, Religions, or Nationalities and the Approval Rate

Asylum approval rates do differ among groups because certain social groups experience more severe and more well-documented persecution in some countries. An example of such a social group may be Christians experiencing persecution in Pakistan, a situation that is recognized by the United States government. Certain groups that have experienced well-documented and well-accepted persecution may therefore receive greater acceptance rates.

If an individual who is a member of a social group that is, perhaps, unique or specific to a certain region of a country, seeks asylum, his or her claim may be more novel. Because of this, he or she will have a bit more difficulty establishing that he or she meets the requirements for asylum and rates of acceptance may be lower among his or her group.