Strict Standard of Proof For an Asylum Claim Forces Applicants to Fabricate their Stories to Get Approval

Asylum application requires applicants to prove that they suffered past persecution in their home country or they have a credible and articulated fear of future harm if they go back. Applicants must state, in detail, that they fear persecution and had or will suffer harm because of their race, religion, political opinion or membership in a particular social group.

The asylum application requires the applicant to explain in detail, who, when, where and how the applicant was or will be persecuted or harmed if he is required to leave the U.S. and return to his home country. Unless the applicant has specific instances of threats or abuse, it is nearly impossible to obtain an asylum.

Unfortunately, the living conditions in their home countries are not enough to support an asylum claim. For example, many applicants from Latin America seek to escape their home countries where they are forced to choose between joining a gang or retaliation for refusing to do so. There are also applicants from Ukraine who are seeking to escape the fighting.  Their asylum applications will most likely be denied because civil war is not a sufficient basis to support an asylum claim.

Such strict standards for granting an asylum force many applicants to fabricate stories in order to get an approval. For many, spending additional time in the U.S. justifies the possibility of facing the harsh consequences if the government discovers that the story was fabricated. If it is discovered that the story is false and the asylum application is denied, the person will be placed into a removal proceeding and could potentially be banned from entering into the U.S. for forever. It could be even worse if the asylum application is approved based on the fabricated story and the applicant later obtains lawful residence or a U.S. Citizenship. If it is discovered then that the story was a lie, the person could lose their green card or even be “denaturalized” and could be forced to leave the U.S.

Unfortunately, many applicants fail to look this far into the future. An ability to stay in the U.S. legally and being able to work while the asylum application is pending is worth the possibility of never being able to return to the U.S. if their asylum application is denied.

 

 

 

 

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