Asylum Based on Membership in a Particular Social Group

It’s bad enough when your own family and friends don’t accept your differences, but when you’re persecuted by your government for having characteristics that aren’t considered normal, life can get tough. When you’re persecuted for belonging to a particular social group — such as being gay or blind, for example — you may qualify for asylum in the United States to gain protection. But find the best legal representation possible to increase the odds of getting approved. Call Kats Immigration Law in NYC to learn how to apply for asylum based on membership in a particular social group.

What Is Asylum Based on Membership in a Particular Social Group in U.S. Immigration?

Asylum based on membership in a particular social group (PSG) is one of the five grounds for seeking protection in the United States, alongside race, religion, nationality and political opinion. This category is special because it includes many social identities and characteristics that the other four grounds may not completely cover.

Members of a particular social group share certain characteristics that set them apart from other members of society. A PSG can be recognized in a wide variety of situations such as:

• People who identify as LGBTQ+
• Victims of domestic violence
• Members of certain clans or tribes
• Survivors of human trafficking
• Persons with disabilities

If you faced torture, discrimination and threats to life that are directly connected to your membership in the PSG, Kats Immigration Law in NYC is here to help you. Lead attorney Alina Kats has represented hundreds of members of PSGs and helped them get resettled in the United States.

What Are Common Challenges in Proving Social Group Membership?

You may face challenges in proving unchangeable traits and traits you share with others — common ties that may be in the form of gender, sexual orientation or past experiences. It can also be hard to prove that your group is different from others. To be eligible for asylum, you need to describe your group clearly and show how it’s different enough from the general population.

The way the immigration law defines your social groups can change, which can also make it hard for you to define your group correctly. Other challenges you may face throughout the PSG claim include:

• Proving social visibility
• Defining characteristics and fundamental traits of your group
• Gathering evidence to support your claim like witness statements and expert opinions
• Collecting your country condition reports, which may not address the specific issues faced by your PSG
• Putting together media reports and sociological studies that illustrate how society perceives your group

You need to gather as much evidence as possible to prove your group’s social visibility and immutability. You must stay informed about current legal standards related to your PSG-based asylum claims, and make sure that your application aligns with the most recent interpretations of the law, which is one of the main reasons you need an experienced immigration asylum attorney to help you navigate the challenges inherent in this class of asylum.

How Can an Asylum Attorney Help with PSG-Based Asylum Claims?

An attorney helps you define your social group clearly and specifically and makes sure it meets legal standards. They explain the legal criteria specifically for your social group like your shared traits, societal recognition and unchangeable characteristics. An asylum attorney guides you on the strengths and weaknesses of your case, so you understand your chances of success. Other vital services you receive from an asylum lawyer may include:

• Collecting strong evidence. Your Kats Immigration Law attorney helps you articulate your personal story, obtaining and organizing witness statements from family, friends and others who know about the persecution you face.
• Documenting your proof. They gather reports about conditions in your home country and use past legal cases to strengthen your application. They show you how similar cases have been granted asylum.
• Completing mandatory forms. They make sure that all forms like Form I-589 Application for Asylum and for Withholding of Removal are completed correctly with all necessary supporting documents attached. Simple errors are a leading cause of claim rejections.
• Submitting your claim on time. They ensure your application is submitted within the required deadlines to avoid any delays or issues.
• Preparing you for the asylum interview. Your expert in asylum claims guides you by practicing what questions the immigration officer may ask you and how to best answer effectively.

Even if your case goes to court, and you’re required to attend asylum court hearings, your lawyer can handle questions or challenges from USCIS officers to counter any doubts about your case. If your application gets rejected, the attorney can file immigration appeals or motions to reconsider and keep fighting for your right to asylum.

What Benefits Can I Get after Being Granted Asylum Based on Membership in a PSG?

Once granted asylum, you’re protected from being returned to a country where you face persecution. You get legal status in the United States without the constant fear of deportation. You can pursue career opportunities and become eligible to apply for work authorization to support yourself and your family. To improve your quality of life, U.S. immigration offers you several other benefits, such as:

• You may be eligible for healthcare benefits like Medicaid, which allows you to get medical care and health services.
• Green card eligibility. You can apply for a green card after one year of being granted asylum, which brings long-term stability and additional rights.
• S. citizenship. You can also apply for U.S. citizenship and naturalization and get the full rights and responsibilities as a U.S. citizen.

Legal issues or changes in immigration policy can complicate your case, especially if your case involves special circumstances.  Contact Kats Immigration Law in Brooklyn and Manhattan or ask for a virtual consultation to learn which path is best to ensure a seamless immigration process for you and your family.