How Can Asylum Applicants Demonstrate Credible Fear in Their Home Country?

Preparation Is Everything for Individuals Seeking Asylum

When someone is facing deportation from America, they have a few options to stay in the country. The best approach to avoid being deported will depend on individual circumstances. Asylum is an option for those who fear returning to where they came from. So, how can asylum applicants demonstrate credible fear in their home country?

This is an important question – because it’s the necessary threshold that must be met to receive asylum in the United States. Unfortunately, this isn’t always a simple process. Preparation is key since you’ll have to convince an immigration judge or asylum officer that you should be allowed to stay during a credible fear screening.

Luckily, there are proven ways to prepare for your screening.

Create a Detailed Personal Statement

For someone to secure asylum in America, they must first build a convincing argument that they’ll likely face persecution in their home country based on the grounds of race, religion, nationality, membership in a social group, or political opinion. Providing a detailed personal statement is one of the most important steps in this process.

This should be a thorough explanation of why you fear returning to your home country. Whenever possible, your statement should include specific examples of persecution you’ve already faced (e.g., threats or experiences), details about those who perpetrated the acts against you (e.g., government agents, military, armed groups), and what grounds you were targeted on.

Make sure your personal statement is clear, consistent, and truthful. Highlight any relevant instances that could support your case.

Provide Documentation That Proves Past Persecution

Stories can be powerful, and that’s why a clear and concise personal statement is so important. However, even the most tragic stories – when viewed without documentation – may be viewed as nothing more than stories. This is why applicants for asylum should provide supporting documentation whenever possible. 

Clearly, the best way for asylum applicants to demonstrate credible fear in their home country is to show that they’ve already faced such persecution. Documentation could include: 

• Medical records showing sustained injuries 
• Police reports that detail threats or assaults 
• Articles or news reports that showcase violence against those with similar backgrounds 
• Letters or affidavits from family members or witnesses who have knowledge of the persecution

Even if you don’t have direct documentation showing previous persecution, this doesn’t mean you won’t be able to secure asylum. However, the process of doing so will certainly become more complicated. Keep in mind that documentation may exist that you don’t know about. An experienced attorney might be able to help you track it down. 

Prove That Persecution Is Based on Protected Grounds

When it’s time to demonstrate credible fear in U.S. asylum applications, everything comes down to the five protected statuses. Race, religion, nationality, political opinion, and membership in particular social groups (PSGs) must be the basis of any alleged persecution that a person might face. Proving your connection to one of these grounds is critical.

The first four of these grounds are pretty straightforward. Membership in particular social groups is a more broad category, but it’s definitely not a “catch-all.” The law defines PSGs as groups who share immutable or fundamental characteristics, social distinction, and particularity (i.e., clearly defined group). Proving membership in a PSG is typically a great deportation defense.

However, keep in mind that – regardless of the grounds you’re filing on – you must still prove that you have a legitimate fear of persecution based on these grounds.

Provide Evidence of Your Home Country’s Current Conditions

Unfortunately, proving past persecution will not always justify an asylum claim. Applicants must show that their home country’s current conditions create an environment where their fear of persecution is still valid. For instance, Rwanda has come a long way since the 1994 genocide – so those who feared for their safety 30 years ago may not have the same fears today.

Fortunately, this is usually not a difficult ordeal if persecution is ongoing. Asylum seekers can provide human rights reports from credible sources, news articles that detail persecution against relevant groups, or expert testimony about the social or political conditions that are making it unsafe to return.

Explain Why There’s No Help In Your Home Country

Asylum seekers demonstrating credible fear in their home country may be eligible to stay in the United States. However, they must also explain why they’re unable to seek protection in their home country. This is done by showing that their country’s government is either unwilling or unable to provide protection.

Proving such a situation requires providing evidence that help has previously been sought but not granted. Asylum seekers can also utilize testimony or reports that show widespread impunity regarding the types of persecution or crimes that the applicant faces. Whether authorities are ineffective, corrupt, or complicit – those who face persecution because of these factors may be eligible for asylum in America.

Secure Legal Representation

One of the best things about America is that everyone is entitled to due process. In fact, you don’t even have to secure an attorney to access this right. However, failing to work with a legal professional during the asylum process could have a detrimental impact on your case. If nothing else, you can learn more about the process during an initial consultation.

Of course, asylum lawyers can do more than explain the immigration system. They can also help asylum applicants demonstrate credible fear in their home country by building a strong case on their behalf. This could include gathering evidence, building convincing testimony, representation during interviews and hearings, applying for waivers and exceptions, and so much more.

You need an experienced legal professional on your side, and that’s exactly what you’ll find at Gilliam Law. Contact us at 866-511-3422
to schedule your in-depth and confidential consultation.