How Much Persecution Do I Have to Suffer to Have a Well-Founded Fear?

How Much Persecution Do I Have to Suffer to Have a Well-Founded Fear?

In order to qualify for asylum under federal law, you must prove that you either suffered persecution in your native country as a result of your race, religion, nationality, membership in a particular social group, or political opinion, or that you have a well-founded fear of future persecution should you return to that country. In other words, it is not necessary for the non-citizen to prove that he or she has been the victim of past persecution in his or her home county. Rather, an applicant simply can show that in his or her native country, there is a pattern of persecution against people similar to the applicant, which leads to a well-founded fear of future persecution should immigration authorities remove the applicant from the United States. A well-founded fear of persecution in the future is both subjective and objective in nature. An applicant can prove a subjective well-founded fear of future persecution through credible and sincere testimony. This evidence must prove that he or she has a genuine fear of persecution if returned to his or her home country. The applicant must show that he or she is truly afraid of returning to his or her native country. From an objective perspective, an applicant must prove that a reasonable person who was in his or her same situation would also fear persecution. An applicant must produce direct, specific, and credible evidence that supports a reasonable fear of persecution. There is no need to prove that there persecution probably will occur if the applicant returns to his or her native country; it is sufficient to prove that persecution is a reasonable possibility. In fact, a risk of only 10% or more of persecution if the non-citizen is returned to his or her country is sufficient for a finding of an objectively well-founded fear of future persecution. Landerholm Immigration, A.P.C., has the skills and knowledge that you can count on when you are facing deportation charges. We can help you gather evidence that supports your case, evaluate your options for seeking relief from deportation, and recommend the approach best calculated to allow you to avoid deportation and remain in the U.S. with your family. Call the Oakland immigration attorneys at Landerholm Immigration, A.P.C., and discover how we can assist you and your family if you are charged with deportation. Para Espanol haz click aqui!
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