What Constitutes a “Credible Fear” of Persecution or Torture for Asylum Seekers?

If you left your home country out of fear for your own safety and you are afraid to return, you may qualify for asylum in the United States. However, you must meet strict eligibility requirements in order for your asylum application to be approved. One of the most important of these requirements is to establish that you have a “credible fear” of persecution or torture.

As the U.S. Citizenship and Immigration Services website explains, proving that you have a credible fear of persecution requires that you can demonstrate a “significant probability” that you have been persecuted or will be persecuted if you return to your country. This persecution must be related to your religion, race, political opinion, membership in a particular social group, or nationality. Alternatively, you may be eligible for asylum if there’s a significant probability that you will be tortured if you return to your country.

If you would like to seek asylum in the United States, contact my office to discuss your situation and your immigration goals. I will answer your questions, explain the asylum eligibility requirements, and help you navigate the immensely complicated U.S. immigration system. Call 973-453-2009 to schedule a consultation with a New Jersey green card attorney from the Law Office of Eric M. Mark.

What If the Asylum Officer Does Not Find a Credible Fear?

If the Asylum Officer is unable to find a credible fear of torture or persecution, you can submit a request for an Immigration Judge to review your case. If you do not request this review, Immigration and Customs Enforcement (ICE) will remove you from the country.

Reasons Why You Might Not Be Granted Asylum

The process of obtaining asylum is legally complicated, and one mistake or oversight could lead to the denial of your application. Common reasons why asylum might be denied include:

• You were convicted of a serious criminal offense;
• You were found to have persecuted other people due to their religion, political opinion, membership in a particular social group, nationality, or race;
• You were involved in terrorist activity, are a representative or member of a terrorist group, have incited terrorist activity, or are likely to engage in terrorist activity;
• There is reasonable evidence that you have committed a serious non-political crime outside the United States;
• There is reasonable evidence that you are a danger to national security; or
• You were firmly resettled.

As you can see, the success of your asylum application will depend in large part on your ability to prove that you have a credible fear of torture or persecution. As your immigration lawyer, I will guide you through the application process and help you gather evidence to prove that you should be granted asylum in the United States.

Call 973-453-2009 today to schedule a consultation with an immigration lawyer in New Jersey. You can learn more about U.S. immigration proceedings by visiting USAttorneys.com.