In order to establish eligibility for a grant of asylum an alien must establish that he has been persecuted or has a well founded fear of persecution by the government or forces the government is unwilling or unable to control on account of race, religion, nationality, membership in a particular social group or political opinion.
The well-founded fear standard requires a showing of fear of persecution based on a reasonable possibility that such harm will occur. This fear must be subjectively genuine and objectively reasonable. An applicant's own testimony, without corroborative evidence, may be sufficient to prove a well-founded fear of persecution where the testimony is believable,consistent and sufficiently detailed to provide a plausible and coherent account for the basis of the fear.
***This is an extremely complex area of law requiring careful expert analysis of all facts and issues.
WITHHOLDING OF REMOVAL
In order to qualify for withholding of removal, an alien must establish clear probability of persecution on the account of race, religion, nationality, membership in a particular social group or political opinion. The clear probability standard requires a showing that it is more likely than not that an alien would be subject to persecution.
Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file
Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
