What it Takes to Win an Asylum Immigration Case

The current presidential administration is taking a hard line on immigration, but that doesn’t mean that there are not strategies you can pursue to become a legal resident of the United States. For the most part, the focus of the Trump administration has been on “illegal” immigration as ICE is being sent into more areas to find undocumented residents. And while the administration has also talked of limiting legal immigration, one longstanding immigration path still in use is applying for asylum. Below are the steps necessary to win your asylum immigration case.

Showing That You Have Fear of Persecution in Your Home Country

The heart of an asylum case is to prove to a USCIS immigration officer or a federal immigration judge that it is too dangerous for you to return to your home country because you have a well-founded fear of persecution based on one of the following classifications:

  • Your race
  • Your nationality
  • Your religion
  • Your political opinion
  • Your membership in a particular social group


Unfortunately, you cannot successfully argue for asylum based on the general fact that your home country is dangerous and/or poor. For example, the country of Syria has been in a devastating civil war for years, but simply trying to avoid the dangers of the war – no matter how horrible – is not byself grounds for asylum. Similarly, many people seek to come to the US from Mexico and Central American countries to flee gang violence but that is also not by itself grounds for asylum.


Instead, you will need to show that you are targeted in your home country for persecution specifically based on one of the above categories. For example, if you are a Christian and live in a country where the government or others seek to terrorize or harm you based on your faith, then you can plead for asylum based on a religion. Likewise, if you are of a sexual orientation that is targeted for violence in your home country, this might be grounds for asylum.

You Will Need to Have Compelling Evidence to Support Your Asylum Claim

Obviously, many people want to live and work in the US, and a successful asylum petition will allow for you to do both of those things, so federal authorities will want to see compelling evidence to support your petition.


One of the most important aspects of this is the story you have to tell authorities – again, whether it be an immigration official or a judge – about your experience in your home country and why you believe it is unsafe to be there. By working with an experienced immigration attorney to prepare for your interview and/or testimony, your attorney can help you recollect, organize, and express all the relevant information from your experience that an official or judge will want to hear. Your attorney will also help you avoid mistakes that can hurt your prospects.


It may also be necessary, especially in an asylum trial, to collect information about the conditions in your home country that corroborate your story and which show that it is indeed unsafe for you to return there. Your attorney will work to collect information such as news articles and reports which contain this information, and may even employ the services of an expert witness who can provide the court with further detail to prove your case.


Clearly, many people who are seeking asylum have limited resources, but attempting to go through this process alone without the assistance of an attorney can severely hurt your chances for being able to present a compelling case that supports asylum. Work with an attorney committed to your future and safety in the United States.

Contact the Los Angeles Immigration Attorneys at Gastelum Law

At the Law Offices of Omar Gastelum and Associates, PLC, our experienced immigration attorneys will work with you to build the future that you and your family deserve. Contact the Law Offices of Omar Gastelum and Associates, PLC today to discuss the asylum process or any other immigration issue.