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Social Group

Simply providing a list of affected groups like race, religion, national origin, or political opinion does not provide a complete accounting of all the affected refugees that the United States wishes to help, so there is another ground in U.S. asylum law that is protected, the particular social group.  It is vaguely defined, on purpose, so that other groups of people that have been wrongly persecuted have an opportunity to show that they have been wrongly persecuted in a way that fits under the spirit of U.S. asylum law.  This is an especially complicated area of the law, which makes working with an experienced asylum attorney that much more valuable.

A particular social group is defined as a group of people that have a particular, common characteristic which may be innate, such as sex, color, kinship, or some past shared experience.  This “common characteristic” must be one that people in the group either cannot change or should not be able to change because it is fundamental to their identities or consciences.  The size of the social group is irrelevant; it can be very big or very small as long as there is social visibility.

The key between what does and does not qualify as a social group is that group’s social visibility.  If the group is seen by that culture to exist, then it is more likely that it will be considered a social group for asylum purposes.

One group of people that has been considered a social group in many asylum cases has been the gay community.  You can see more specific details about this issue in our “LGBT Asylum” section.  Generally, if there is a gay or lesbian group in a country that is sufficiently visible in society, someone persecuted for their sexual identity can qualify for asylum.  Furthermore, in some countries HIV/AIDS victims has been considered a particular social group.

Another group that has taken advantage of the social group definition is victims of domestic violence.  In some cultures, domestic violence is widespread and allowed by government, and many women have no way to escape abuse from a husband or boyfriend.  Some of these victims have used their status as a domestic abuse victim to gain asylum.

Some groups that have been considered social groups for asylum purposes are: ethnic groups, clans, people with mental illness, former gang members, and witnesses.  One group that has had particular trouble as qualifying as a social group is young men who are targeted for gang membership.  There are many cases currently in the court system challenging this finding, so hopefully this will change.

Note that just because someone in one country qualified as a social group does not mean that other people in other countries will qualify for the same social group for U.S. asylum purposes.  Consulting with an experienced asylum lawyer can help you to determine if you might fit into one a particular social group and qualify for asylum.

Pavel A. Russia

I would highly recommend Political Asylum USA's consultation service! It was very informative about my rights as a persecuted LGBT individual.

Daniela E, Venezuela

Political Asylum USA was a great resource to me. They fully explained the process of getting asylum in the United States. When I told them that I didn't have any money to hire a private attorney, they recommended a non-profit legal provider to me.

Yang N. China

I was lost when I arrived to the United States, and scared for my life in my home country. I knew I couldn't go back, but I also didn't know what to do. I found Political Asylum USA and luckily they gave me all the information I needed, to fully investigate my options. I would recommend their services to anyone that does not know how to proceed with asylum

Dmitry G. Belarus

Political Asylum USA helped me to understand how asylum works in the United States. It is extremely complicated, so it was nice to have experts to guide me. They even referred me to a top New York-based Immigration Attorney, who handled my case from start to finish.

Once asylum is granted, a person has the right to live and work in the US for the rest of his or her life. If the asylee has a spouse or a young, unmarried child outside of the US, he or she can apply to get them a visa to enter the US. After a year of being in the US on asylum status, an asylee can apply for a Green Card.

An asylee typically cannot return to his or her home country, except under certain circumstances. The logic of this is that, if you are granted asylum because you are truly afraid of returning, why would you want to return after being granted asylum?

At the Political Asylum USA, we are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way.

If you are afraid of persecution in your home country and would like to get help from a top New York Asylum Attorney, call the PoliticalAsylumUSA toll free at +1 (800) 560-1768.
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