Asylum is an important part of our practice. We know how unfortunate it is to fear your own government, to be persecuted by your own country. My good fried and translator, Mr. Ablajan Baret, was persecuted by the Chinese Government and was granted Asylum here in 1999.
We will provide your case the attention it deserves because we understand your situation.
The application for Asylum must occur within one year after last arriving in the United States. Filing can take place after this one year period based upon extraordinary circumstances. It is the applicant’s burden to show:
1. That the circumstances were not intentionally created through action or inaction
2. That the circumstances were directly related to the person’s failure to file within 1-year and,
3. The delay was reasonable under the circumstances.
The applicant for Asylum must have a well-founded fear of persecution if he returns to his country. The well-founded fear includes an objective basis of fear as well as a subjective basis of persecution. However, the applicant need not have experienced persecution to qualify for asylum. Examples of persecution:
1. serious physical harm
2. coercive, unfair medical or psychological treatment
3. disproportionate punishment for offense
4. severe discrimination
5. selected criminal extortion or robbery
This persecution or threat of persecution must be by a government or groups that the government has a duty to control. And this persecution must be the result of belonging to a class of people or social group.
If you have a fear of returning to your native country, perhaps you should request asylum.