Asylum Based on Persecution of Race

Who you are as a person has nothing to do with the color of your skin, but if you worry about racial persecution, it’s a well-founded fear. Millions of people experience race-based harassment, threats, and attacks worldwide.

The United States offers protection from persecution due to your race, nationality, or ethnicity. Learn more about asylum based on persecution of race below.

What Does the U.S. Define as Race?

It’s difficult to tell the difference between race, ethnicity, and nationality. Race includes physical traits, such as the color of your hair or skin. Examples of race can include Native Americans, “white” people of European descent, and “black” people of Sub-Saharan African descent.

Nationality simply describes your legal citizenship of a country. Ethnicity is a broader term based on your culture and place of origin.

If you have a fear of persecution because of your race, nationality, or ethnicity, you may qualify for asylum according to immigration laws.

What Counts as Racial Persecution

U.S. immigration law defines persecution as infliction or threats of physical, economic, or psychological harm. You can experience persecution due to your race, your culture, and your religious beliefs.

Proving racial persecution can be a tricky endeavor. To qualify, you’ll need to have experienced targeted persecution based on racial qualities, such as your skin color. You may have a hard time qualifying if you can’t describe how you personally have suffered from persecution.

The government may approve your asylum application if:

  • Your home country treats people of your race in an unjust way, such as preventing you from using the same facilities that people of other races do
  • Your home country, or groups in your country, are currently committing genocide against people of your race
  • You’ve directly experienced physical harm or mental distress because of racial persecution

Proving Racial Persecution

Sometimes it’s fairly easy to prove you’ve experienced racial persecution. For example, if a certain group has been attacking and killing people of your race, you might be able to find stories about it in the news. This would satisfy the proof requirement for your asylum application.

You can also refer to racist language that your home country has directed at you. For a better chance of approval, keep a detailed log documenting each encounter with racial persecution.

How to Apply for Asylum Based on Persecution of Race

To apply for asylum based on persecution of race, you’ll need to file Form I-589: Application for Asylum. Keep in mind that you can only apply for asylum if you’re currently in the U.S. or seeking admittance at a port of entry.

If the U.S. grants you asylum, you can apply to bring your family over from your home country with Form I-730: Asylee Relative Protection.

Seek Freedom From Racial Persecution with the Help of an Immigration Lawyer

Applying for asylum based on persecution of race isn’t always a straightforward process. Contact the American Dream Law Office at (888) 615-1254 to speak with a lawyer about asylum claims today.

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