What Persecution Means Under U.S. Asylum and Refugee Law

If you are seeking protection within the U.S. as an asylee or refugee, you will need to show that the harm you fear there constituted or would constitute “persecution.” But what is persecution according to U.S. immigration law?

The harm an asylum applicant suffered must have been "on account of" one of five grounds, not random or merely personal.

A well-founded fear of persecution can be enough to base an asylum claim on.

The membership in a “particular social group” (“PSG”) asylum category is the most difficult of the five grounds to define, and the subject of many legal arguments. Learn more here.

Wondering when it's appropriate to tell U.S. immigration authorities that you were persecuted based on your political opinion?

Understanding the legal basis for LGBTQ asylum in the U.S.

When persecutors against against people perceived to belong to a particular race, this can give rise to an asylum claim.

Although ethnic identity isn't named as one of the five legal grounds for persecution, it's closely related, and has been recognized as a potential ground as well.

If your country's government or other persecutor assumes you hold a certain political opinion, and you face danger as a result, this could form the basis for a U.S. asylum claim.

If you fear returning to your home country because you will be the victim of domestic violence and cannot gain protection from your government, it's possible you might claim asylum in the U.S.