Can You Get Asylum in the United States for Domestic Violence Claims?
Posted on Dec 30, 2014 4:45pm PST
If you or a loved one are victims of domestic violence, you may be able to seek asylum in the United States if you qualify for a few different criteria. Domestic violence, although it has no universal definition, is generally considered to refer to the threat of violence from someone that you have an intimate relationship with.
How can I be eligible for asylum?
The United States offers asylum to those that have been persecuted by their government, persons, or groups that their government will not protect them from based on religion, race, nationality, political opinion, or membership in a social group. Therefore, not every instance of domestic violence can result in American asylum.
You may be able to receive asylum as a victim of domestic violence if:
- The violence you are experiencing is due to your religion, nationality, race, political opinion, or membership;
- Your government is not taking any steps to protect you from this violence; and
- You can describe the actions of your abuser and the ways that the government's laws and norms do not help you.
If this applies to you, you will need to show that social roles affect the type of help you are able to receive and if it contributes to the reason you are a victim of domestic violence to begin with. This oftentimes applies in cultural groups that view one member of the family as significantly above the other members and they are affirmed when they use physical violence to control their family members. In other cases, when a spouse change religions, it can bring severe backlash and violence.
The most difficult thing to prove when seeking asylum based on domestic violence is your membership in a particular social group. Simply being a person that experiences domestic violence is not enough for asylum; you must be a very specific kind of social membership. Because this is often difficult to prove, working with an immigration attorney can help you define your membership and provide an avenue for you to seek asylum in the United States.