Asylum & Refugee Law

Under U.S. law, a refugee is defined as any person who is outside their country of nationality and is unable or unwilling to return because of persecution — or a well-founded fear of persecution — on account of race, religion, nationality, membership in a particular social group, or political opinion.

To establish a claim, the following elements must be proven: a well-founded fear of persecution, a protected ground, and a nexus between the two. Past persecution creates a presumption of well-founded fear. The persecutor must be the government, or a group or individual the government is unwilling or unable to control.

For LGBTQ+ asylum claims, the elements include a well-founded fear of persecution based on membership in a particular social group. Case law has established that fear or inability to 'come out' may constitute persecution.

The applicant bears the burden of proof. Corroborative testimony and documentary evidence are strongly encouraged and required where available. Credible testimony alone may be sufficient.