Seeking asylum for domestic violence is possible; however, United States laws are sometimes unclear about when abuse in the home qualifies someone as an asylee and when it does not.
The applicant may have to prove that the person or organization abusing them is doing so because of their race, nationality, political opinion, membership in a particular social group, or religion. Additionally, they would need to show that the government cannot or will not stop the abuse.
If you fled your country because of domestic violence, the attorneys at Getachew & Ansari Immigration Attorneys, P.C. can help you take steps to protect yourself and seek residency in the United States. We can appreciate the journey it took you to get to this point, and we will provide personalized and compassionate legal help as you establish yourself in a new and safe space.
Is Domestic Violence Grounds for Asylum?
Domestic violence can be — but is not always — a permitted basis to request asylum. Under current regulations, someone can request asylum if they turn in the application within one year of moving to the United States and meet the definition of a refugee.
A refugee is someone who faces or fled out of fear of facing persecution based on their religion, race, nationality, political opinions, or membership in a particular social group. The person’s government may be the source of the persecution, or the government may be unwilling or unable to stop the persecution from happening.
Some situations involving domestic violence may meet this definition, but it depends on the circumstances. If the reason for the domestic violence is purely or primarily interpersonal, the person may need to qualify for residency based on other reasons.
Eligibility Requirements for Asylum Based on Domestic Violence
If you want to request asylum because of domestic violence, you need to prove that your situation qualifies you as a refugee under United States law. Instead of being personally motivated, domestic violence might have to be due to persecution or discrimination. For example, an abuser might commit the attacks because of a difference in religious views or because of the target’s nationality.
Domestic violence also needs to be something the country of origin’s government cannot or refuses to stop. For example, the police may refuse to help protect the person against further attacks. Or, the attacks may be encouraged or required by the political party in power in that nation.
The other requirement is to file the asylum request within one year after you arrive and begin living in the United States. If you miss this deadline, you may try to qualify for residency based on other reasons.
Proving Persecution Due to Domestic Violence
You can use several types of evidence to help support your asylum claim based on domestic violence. For example, you might have medical records, photographs, or even videos of the attacks. You can also ask friends, loved ones, or others who know your situation to explain their concerns or things they witnessed.
You also need to relate domestic violence to one of the five reasons for persecution outlined in the law. You may do this by showing that the person who harmed you did so because of their religion or because you refused to practice the religion they wanted you to. Or, you can gather evidence that they threatened you and hurt you because of your political beliefs.
Challenges in Domestic Violence Asylum Applications
Seeking asylum because of domestic violence can be challenging because not every instance of abuse will qualify as persecution based on current regulations. Instead, the person who was hurt needs to show that the situation meets the definitions outlined in the law.
The applicant may have to gather additional evidence to support their domestic violence asylum claim. For example, they may have to find photographs that show their abuser is part of an organization that condemns people who are of the same nationality, gender, or political affiliation as the person being abused.
Supporting Evidence: Medical and Psychological Records
You can support your asylum claim based on domestic violence by getting medical records and reports from psychologists. Your healthcare history can show your injuries because of the abuse and — if applicable — statements you made about how these wounds occurred. You can also use these records to show dates and prove the timeline of when the attacks happened and when you decided to move to the United States.
You may also get a psychological evaluation to discuss the domestic violence you experienced and how it impacted you going forward.
The evaluator can talk to you about what happened and why and write up recommendations you can use to support your asylum claim with the United States government.
The Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C. Can Help
Getting asylum for domestic violence can be challenging because it may be difficult to prove that the abuse counts as persecution based on the reasons outlined in the guidelines. That said, it is possible to win an asylum case based on this category, especially if you can prove the abuser discriminated against you because of your personal beliefs, race, or nationality. An attorney can help you identify and complete the forms you need to submit to start the asylum process. They can also help connect you with community resources you can use to protect yourself and begin to heal after the traumas you experienced.
Getachew & Ansari Immigration Attorneys, P.C. is here to provide the legal services you need with compassion and excellence. Many on our team are immigrants as well, and we can understand the struggles experienced by those who want to move to the United States to create a new and safe home where they can heal and thrive. Medya Ansari is also the Asylum Liaison for the Santa Clara Chapter of the American Immigration Lawyers Association. Contact our law firm today by calling 408-292-7995 to set up a no-obligation consultation to talk about what we can do for you.
