The ability to practice one’s religion is a central and deeply personal right. Unfortunately, many people experience religious persecution in their home countries because of fear, misunderstanding, or a need to control. The United States allows people to request asylum and secure the right to stay in America if they are the target of religious persecution.
Getachew & Ansari Immigration Attorneys, P.C. deeply values the rights of everyone, regardless of their nationality, race, or beliefs, to freely and peacefully practice their religion. We can assist you with starting an asylum claim to help protect you by fighting for legal immigration status in the United States.
Introduction to Asylum Based on Religious Persecution
Asylum claims are there for people to request legal immigration status if they meet the definition of a refugee. Under United States immigration law, someone is a refugee if they are not in their home country and cannot return to it because of a credible fear of persecution. The persecution must relate to the person’s race, nationality, religion, political opinion, or membership in a social group (which might be based on gender or sexual orientation).
Depending on the type of asylum they claim, the person may need to apply for asylum within their first year in the United States. They may also seek asylum to defend themselves against the government’s efforts to remove them, which is called defensive asylum.
What Is Religious Persecution?
United States law does not have a specific definition of religious persecution. That said, religious persecution might include conduct that wrongly puts someone in danger or restricts their freedom because of their actual or perceived religious beliefs.
This might include a situation where the police refuse to help someone in danger because of the person’s religious beliefs. It could also encompass overt acts of violence because of someone’s actual or perceived religious practices. In other words, whatever is happening might qualify as religious persecution even if the perpetrator is wrong about the target’s actual religion.
Eligibility Criteria for Religious Asylum Claims
To qualify for asylum based on religious persecution, the person needs to prove that they have a credible fear of persecution because of their actual or perceived religion. The United States law does not have a specific definition of religion. Instead, the government might look at the description of the person’s practice and beliefs to see if it meets the idea of what a religion might be. It could include popular and well-known systems of beliefs or lesser-known but equally valid religious practices.
The United States government looks at the evidence in someone’s specific situation to determine if something qualifies as persecution.
For example, it might be violence or threats of violence, forced abortion or sterilization, or the failure of the police in that country to respond to calls for help.
Gathering Evidence of Religious Persecution
The United States government requires asylum seekers to supply evidence that they fear religious persecution and prove that is why they cannot or choose not to return to their home country. To support their asylum claim, the person might send copies of their birth certificate, identification documents, witness statements, police reports (if applicable), or other materials that describe the cause or consequences of the persecution. The United States government may also want to interview the person or their available family members to understand the claims they are making.
Proving Credible Fear Due to Religious Beliefs
To qualify for asylum, the applicant needs to prove they are in credible fear of persecution. To do so, they can attend interviews and submit paperwork, such as hospital or police records, to show that someone harmed or threatened them in the past because of religiously motivated violence.
Another source of evidence is through an immigration psychologist, who can gather information about the person’s background and concerns. This particular type of therapist is trained to research the history and current events in the patient’s home country to understand the cultural and social background. The therapist would then talk to the person about their concerns and the symptoms of distress they are experiencing.
The psychologist would then write a report that gives their opinion on the situation and any recommendations. The person applying for asylum could send this to the United States government to support their claim.
How To Strengthen Your Religious Asylum Claim
You can strengthen your religious asylum claim by following the procedures required by the United States government. Doing so includes completing all the required paperwork on time and sending the proper supporting documents. Additionally, you can use evidence like police records, witness statements, and reports from an immigration therapist to support your claim that you cannot return to your home country because of a fear of persecution.
Likewise, attend all requested interviews and make sure to arrive on time and answer the questions honestly based on the advice of a seasoned asylum attorney. Your lawyer can help you file the required documents by the stated deadlines and file the appropriate appeal documents if the government initially denies your asylum claim.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
Seeking asylum because of religious persecution can provide you with a valuable opportunity to start a new life and begin to heal in a safe environment. Instead of trying to complete the complex immigration process on your own, consider working with a legal team that understands the procedures involved in requesting asylum. A knowledgeable lawyer can help you create a well-researched strategy for protecting yourself from harm and requesting legal status so you do not have to live in fear.
Getachew & Ansari Immigration Attorneys, P.C. dedicates its wealth of resources, compassion, and knowledge to fighting for those fleeing persecution from their home countries. As the daughter of a family who emigrated from Iran to the United States in 2004, Medya Ansari has personal experience with many aspects of the immigration system in America, including family separation due to a travel ban.
Reach out to Medya today by calling 408-292-7995 to schedule an initial consultation.
