Allegation of Domestic Violence for Asylum Cases

People from all over the world are now migrating to the US for various different reasons. Sometimes, it is to escape from tyrannical governments, where they have been persecuted or live in fear of being persecuted. There are other cases where people are trying to escape from personal situations that involve domestic violence or threats.  

In recent times, domestic violence has been a matter that many find controversial and since the United States accepts refugees from any part of the world, it’s important to know how an allegation of domestic violence can be used to seek asylum.  

Can Asylum be requested for Domestic Violence? 

Yes, asylum can be requested for domestic violence, however, to classify as a refugee and request asylum, it is necessary to demonstrate evidence of violence and prove with documentation that the situation was indeed dangerous enough to force the person to leave due to domestic violence.  

Who can be granted Asylum?

The US grants asylum to people that meet the definition of a refugee. More often than not, they are living outside the US and constitute a special humanitarian concern for the country or they are those who have suffered persecution or who fear being persecuted for reasons of race, religion, nationality or for belonging to a particular social or political group. Asylum is then a form of protection available to those who are eligible for admission to the United States. 

According to the United States Department of Justice, “The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim”  It includes several violent acts, from the use of physical force, to harassment or intimidation, which occur at home, and that is perpetrated by at least one family member against another family member. 

The term includes a wide variety of acts, including some components of violence against women, child abuse, filio-parental violence and elder abuse. 

Domestic violence as such, is typified as one of the “Criminal Activities” of the list contained in Trafficking in Persons within the United States immigration laws, and for these cases there is a type of protection status in which these people enter or remain in the United States. For this, the Congress approved the Law on the Protection of Victims of Trafficking and Violence (including the Law on Protection of Abused Women), in October 2000. 

Under international law, governments have a clear obligation to protect, support and guarantee access to justice and services for victims of crime, as well as to prevent it. 

How to qualify as a Refugee?

To obtain refugee status, you need to prove that you are a member of one of the five categories (race, religion, nationality, freedom of political thought and particular social group). It would be necessary to demonstrate a connection between being a victim of domestic violence and belonging to a particular social group, suffering or facing persecution to classify as a refugee, and then being able to request asylum. 

These decisions are made by immigration administrations, immigration courts and general courts, in which immigration decisions may need to be appealed. 

Individuals who are eligible for asylum can file Form I-589, Request for Asylum and Suspension of Removal, within one year from the date of their arrival in the United States. They do not have to pay a fee to apply for asylum. To include your children in your application, they must be under 21 years old and single. 

After one year of being granted asylum, people can apply for a Green Card, by submitting Form I-485, Application for Permanent Residence or Adjustment of Status. 

Do you need help filling the FORM I-589? If you have any questions about an immigration issue or relating to a case you may have currently in Progress, then please don’t hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-1799