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.
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