Thousands of people around the world are forced to flee their homes in search of safety and protection from persecution or human rights violations. Some seek asylum because of their political views, religious beliefs, or sexual orientation. Others are seeking refuge from gang or domestic violence. For many, the prospect of returning home means certain death or serious harm.
If a person is found to be a “credible threat of future persecution,” he or she may be granted asylum status. Past persecution is not enough to qualify as a basis for asylum, however, a person must also show that he or she has suffered significant harm in the form of physical injury, psychological trauma, or serious emotional distress. This can be inflicted either by persecution under a Convention ground or by other serious harm unrelated to a Convention ground.
The Immigration Court may deny your asylum claim if you do not apply for it in the correct place or if there are other grounds that could prevent you from establishing that your case meets the standard for granting asylum. However, if you believe that substantial evidence supports the decision of the Immigration Judge, you can file a request for review with the federal appeals court. If the appeals court decides to grant your request, the Supreme Court can review your case with discretionary writs.
Immediate family members present in the United States and included on the principal applicant’s asylum application can petition for derivative asylum status if they are found to be eligible. This includes spouses and children under the age of 21.