Asylum

Asylum Venezuela Raleigh and Smithfield, NC Vasquez Law Firm 919-989-3000

The situation in Venezuela today is opening the doors for Venezuelan citizens to apply for asylum in the United States. The country is in chaos and most of the country can not find shelter from the ideals being demonstrated. The Government has no control and every passing day the situation is going from bad to worse. Which opens the door for people who are in the United States to  introduce an application for asylum. The following is a summary of what Asylum is. People who have just arrived should always apply during the first year, but those who have stayed beyond a legal stay or entered without documentation have an opportunity to apply for asylum because of the changes in the condition of the country.

For a person to apply under asylum they must show that they fall under the definition of “refugee” and warrant a favorable exercise of discretion. The definition of a refugee is a person outside of their country which will not or can not return to their country because of persecution or fear of persecution which is well founded on race, religion, nationality, member in a particular social group or political opinion.

Asylum is applied during the first year, people who apply outside the first year of entering the United States are barred from applying for asylum. There are exceptions in the event of “Changed Circumstances ” or “extraordinary circumstances.”

Changed Circumstances include:

  • Changes in country condition
  • Changes in the applicant’s personal condition

Extraordinary Circumstances

  • A serious illness or desirability of mind
  • Disabled legally

The refugee must demonstrate past persecution or a fear is well founded in one of five categories:

  • Race
  • Religion
  • Nationality
  • Political Opinion
  • A member of a particular social group

A well founded fear has two elements that must be proven subjective in which the person must show that the fear is genuine and objective in which one has to show that the fear is reasonable.
The Applicant for asylum must show:

  • Has a characteristic or belief which the persecutor has sought to overcome in others
  • Persecutor knows or could find out that the asylum seeker has this characteristics or beliefs
  • Persecutor has the power to punish the asylum seeker
  • Persecutor has the disposition to punish the asylum seeker

An applicant can establish that they have a well-founded fear if the person is a member of a larger group who have been the target of a pattern or practice of historical persecution at the home state. Internal relocation within the country must be addressed but in two situations it is not reasonable:

  • Where the State is the Persecutor
  • When there has been past persecution

Whether internal relocation is reasonable depends on many factors like internal relocation as if you have family members, the age of the person and whether the country is in a civil conflict.

Persecution is defined as the infliction of harm or suffering by a government or person the government is unwilling to control.

Political Opinion is defined as relating to an opinion on any matter on which the state or its machinery may be engaged.

Membership in a social group is defines through a three part test:

  • immutable characteristics
  • associations so fundamental to the asylum seeker’s identity or conscience that she not be forced to relinquish them
  • or past associations which have become immutable through passage of time

Asylum seeker does not have to possess the characteristics or belief leading to persecution. It is enough that the persecutor believes him or her to have the characteristics or belief and is prepared to persecute the asylum seeker on that basis.

Asylum is a discretionary remedy, so if the person proves that they meet the requirements of the statutory definition of a well founded fear is. A person will not be granted asylum if the adjudicator feels that the person does not deserve a favorable exercise of discretion. If you have any Questions regarding immigration please call us at 919-989-3000, God bless you and God bless Venezuela.

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