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What to expect when seeking asylum for fear of torture

| May 5, 2021 | Immigration |

Pursuant to U.S. immigration law, a foreign national can seek asylum in the United States by demonstrating a credible fear of persecution or torture. A person seeking asylum for these reasons while in New Jersey or elsewhere in the country is best served by understanding what to expect in regard to the process of obtaining this type of refuge.

Demonstrate a credible fear of persecution

In order to demonstrate a credible fear of persecution under U.S. immigration law, a person seeking asylum must demonstrate that he or she previously is a victim of persecution or has a well-founded fear of facing persecution if returned to his or her country of origin. Such fear of persecution needs to be on account of such factors as nationality, religion, race or membership in a particular social group.

Demonstrate a credible fear of torture

A demonstration of a credible fear of torture is accomplished by establishing that a person would be subject to torture if he or she returned to the country of origin. If a person was previously tortured, this prior conduct can form the basis for credible fear of future torture. However, prior torture is not required. Rather, demonstrating the likelihood of torture upon return is sufficient.

If you are seeking asylum, U.S. immigration law can be challenging and confusing. An asylum seeker may want to seek experienced legal representation from an immigration attorney. Through an initial consultation, an attorney may better explain the pathway to asylum based on fear of persecution or torture, and the attorney may also help you assess whether your fear of persecution is based on one of the characteristics recognized by the U.S. government.