Asylum Based on Nationality

If you live in a country that persecutes its citizens based on their nationality, you may be eligible for access into the United States through a claim for asylum based on nationality. Asylum is one of the many options that immigrants have to live free from persecution. You have the best chance of winning a case for asylum based on nationality, religion, race or political opinions if you have an experienced attorney guide you through the process and represent you to immigration officials at immigration hearings. Call Kats Immigration Law in NYC or arrange a virtual consultation if you aren’t yet in the U.S.

What Is Asylum Based on Nationality?

Asylum based on nationality means that it’s possible for you to claim refugee status in the United States due to persecution that’s directly related to your national origin. If you belong to national groups that legislation in your country-of-origin targets by limiting your rights and freedom, it may be cause to seek asylum in the U.S., which can protect you if you face severe threats.

You can file an asylum application within one year of your last entry into the U.S. by providing persecutory evidence that links your nationality to the persecution. If you’re experiencing ongoing harassment by your government or other groups due to your nationality, race, religion, political opinions or membership in a particular social group, Kats Immigration Law in New York City can help.

Lead attorney Alina Kats and her team evaluate your situation and find out if you qualify for asylum. She reviews your personal history and provides a detailed explanation of the asylum laws and regulations. When you book a virtual consultation, you begin the path to a smoother asylum claim than if you file on your own.

What Documentation Do I Need for an Asylum Application Based on Nationality?

Your passport is the primary document that proves your nationality; your birth certificate and government-issued ID also provide additional proof of your identity. The documentation and evidence you submit must prove your identity and highlight the conditions in your home country that justify your need for asylum. Other documents that U.S. Citizenship and Immigration Services (USCIS) requires include:

• Marriage certificate and your children’s birth certificates if you’re applying for asylum on behalf of your family
• Detailed written statements about the persecution you faced, and statements from your family members, friends, colleagues or anyone who witnessed the incident
• Photographs of your injuries, doctor’s reports and hospital records
• Legal documents and court rulings related to the persecution you faced due to your nationality
• Copies of direct threats you received via a letter or email
• Independent news reports about the general state of the national persecution going on in your country

Each piece of evidence helps build a stronger case and is crucial evidence of persecution. If the USCIS requests additional evidence, respond promptly and submit any additional documents requested by USCIS correctly on time.

How Can I Prepare for an Asylum Interview?

Your NYC immigration asylum attorney helps you develop a detailed narrative about your persecution experiences. Your oral testimony must match your written statement and supporting documents, covering important dates, events, people and places. Familiarize yourself with opening questions, which may include basic questions about your identity, background and how you arrived in the U.S. Attending an asylum interview is an opportunity to provide detailed information about your experiences and tell your story. Tips for a successful interview include:

• Clarify how your experiences specifically relate to your nationality
• Be honest and only tell the truth; false statements can affect your credibility
• Show respect to the interviewing officer and stay professional throughout the interview
• If you’re not fluent in English, you may request an interpreter in advance

You have the right to have an attorney to represent you during the interview. Your immigration attorney reviews your case and identifies any gaps in your evidence. An attorney also conducts practice interviews to help you get comfortable with the format and types of questions you might be asked. They help you present a strong case that clearly proves your need for asylum.

How Can an Immigration Attorney Assist with Nationality-Based Asylum Claims?

An immigration attorney helps you find out if your experiences and the threats you face qualify as persecution under U.S. law. They explain the legal standards that apply to nationality-based persecution and make sure you understand what’s required to prove your claim. An attorney ensures your form I-589, which is the Application for Asylum, and if necessary, withholding of removal form and any other supplementary documents are correctly filled out and submitted on time. An immigration attorney offers you other services that include:

• Gathering proof of persecution. They help obtain and present evidence that demonstrates the persecution is based on your nationality.
• Completing error-free forms. They help fill out all the paperwork and avoid common mistakes throughout your asylum process that can lead to delays.
• Providing legal representation. They represent you throughout the asylum process, from initial filings to asylum hearings and immigration appeals.

An immigration attorney makes sure you understand the requirements and prepares the required documentation for the other benefits that come with your asylum claims. Once you’re granted asylum based on your nationality, they also assist you with applications for green cards, work authorization, citizenship and naturalization. If you don’t qualify for asylum, your NYC attorney also helps you explore alternative efforts that may be available to you, such as the Convention Against Torture (CAT).

If you and your family are considering applying for asylum based on nationality, contact Kats Immigration Law, with offices in Brooklyn and Manhattan, to secure a safer, more stable future in the United States.