Tampa Refugee Asylum Services

Understanding Asylum Law in the United States

Asylees are refugees who are in the United States, at a land border or point of entry. INA §208(a). Asylees must qualify as refugees, meaning that they have to prove a well-founded fear of persecution based on a protected ground. Persons interdicted in the high seas may not qualify for asylum.

Before asylum could be granted, the person’s nationality has to be determined. Urgen v. Holder, 768 F.3d 269, 272-74 (2nd Cir. 2014). Statelessness alone, however, is not enough to qualify for asylum, but if statelessness is the basis for persecution then it qualifies. Stserba v. Holder, 646 F.3d 964 (6th Cir. 2011).

Persecution is defined as a threat to the life or freedom of or an infliction of harm on those who differ in a way regarded as offensive. Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985). Harm need not to be physical to rise to the level of persecution. Borca v. INS, 77 F.3d 210, 215-17 (7th Cir. 1996). Permanent or serious physical injury is not required to establish persecution. Matter of O-Z & I-Z, 22 I&N Dec. 23, 25-26 (BIA 1998). Custodial interrogation, rape or sexual assault, and forced medical examinations may arise to the level of persecution.

The government in the country of nationality must also be unable or unwilling to protect the applicant. Kamar v. Sessions, 875 F.3d 811, 819-20 (6th Cir. 2017).

Key Protected Grounds for Asylum

The persecution must be based on a protected ground. The protected grounds are:

• Race
• Religion
• National origin
• Political opinion
• Membership in a particular social group

The applicant must prove that the persecution was based on one or more of the abovementioned grounds. INS v. Elias-Zacarias, 502 US 478 (1992). These characteristics may be imputed to an applicant. There must be a nexus between the persecution and the protected ground. The applicant does not have to show that the persecutor acted with bad intent. Matter of Kasinga, 21 I&N Dec. 357, 365 (BIA 1996).

Local Resources for Refugees in Tampa

In Tampa, the journey for refugees seeking asylum can be daunting, but you are not alone. Local organizations such as the City of Tampa and the Hillsborough County Government provide essential resources and support for individuals navigating the asylum process. These entities offer information on legal assistance, housing, and community integration programs that can help ease the transition into a new life.

Many refugees face common challenges, including language barriers, cultural adjustments, and the complexities of the asylum application process. Tampa's diverse community is home to various cultural organizations that can help you connect with others who share similar experiences. These local resources can provide not only emotional support but also practical assistance in understanding your rights and responsibilities as an asylum seeker.

Additionally, the U.S. Committee for Refugees and Immigrants has a presence in the area, offering guidance on the asylum process and connecting you with vital services. Understanding the local landscape and available support can significantly alleviate the stress associated with your asylum application. Our team is here to help you navigate these challenges, ensuring you have the information and resources needed to pursue your asylum claim effectively.

Contact Us for Assistance with Your Asylum Case