Minnesota Asylum Based on a Particular Social Group Attorney

Asylum Based on Membership in a Particular Social Group

In order to be approved for asylum based on membership in a particular social group you must be able to prove that you have a well-founded fear of persecution” in your current county. This persecution might be from either the government itself, of a group that the government is either unwilling to, or unable to control.

The social group that you are a part of must be based on an immutable characteristic, and be socially visible. This means that the group would be easily recognized in society. There is a broad range of characteristics that apply to these groups, many are fundamental to individual identities and one cannot be expected to change them. These social groups are composed for people with similar habits, backgrounds, lineages, social status, and experiences.

Social groups that have been recognized by the United States Government in asylum cases include, (but are not limited to):

  • gender
  • occupational groups
  • sexual orientation
  • ethnic groups
  • social classes

In order for your application to be approved it is necessary that you are able to prove that either the persecution or the serious threat of persecution or harm has taken place, and is directly related to your membership in a specific social. The law itself does not define what a particular social group is, so a United States asylum officer must decide case-by-case.

It is because of this that it is so important for you to speak to an experienced immigration attorney prior to applying for asylum based on membership in a particular social group.

If you are applying for asylum you need to submit a completed I-589 form along with all supporting documents, to the United States Citizenship and Immigration Services, or to an Immigration Judge, depending on your situation. The general rule is to apply within the first 12 months that you are in the country, however there have been exceptions made to this rule.

If you are granted asylum based on membership in a particular social group, you are able to apply for your green card 12 months after your application was approved, by submitting form I-485 to the United States Citizenship and Immigration Services.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your case.

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