How to Win an Asylum Case in Today’s Political Climate

May 14

Filing for asylum in the United States has never been simple—but in today’s political climate, winning an asylum case is more complex than ever. Asylum is one of the most difficult and complex forms of immigration relief to obtain, and it is often misunderstood by applicants.

If you are considering applying for asylum, or if you are already in the process, it’s critical to understand that asylum is not just a form—it’s a legal strategy. To succeed, you need much more than a completed application. You need a compelling, well-documented case, supported by evidence, legal arguments, and a full understanding of the law.

Let’s walk through what it really takes to win an asylum case today—and why working with an experienced immigration attorney can make all the difference.

Understanding Asylum: More Than Just Fear

To be granted asylum in the U.S., you must prove that you were subject to past persecution (if an applicant establishes past persecution, he or she shall be presumed to have a well-founded fear of future) or have a well-founded fear of persecution in your home country based on at least one of the following grounds:

Race
Religion
Nationality
Political Opinion
Membership in a Particular Social Group

Severity of Harm

To establish persecution, an applicant must show that the harm that the applicant experienced or fears is sufficiently serious to amount to persecution. The degree of harm must be addressed before you may find that the harm that the applicant suffered or fears can be considered “persecution.”

Motivation

An applicant also must prove that the persecutor’s motivation in harming, or seeking to harm him or her, is on account of his or her race, religion, nationality, membership in a particular social group, or political opinion.

Persecutor

The applicant must show that the entity that harmed, or is threatening, the applicant (the persecutor) is either an agent of the government or an entity that the government is unable or unwilling to control.

Location

Only harm suffered in the country of nationality or, if stateless, the country of last habitual residence, may be considered in a finding of past persecution, for the purpose of establishing eligibility. Harm suffered in the United States or a third country may be considered as evidence of a well-founded fear if the applicant can establish a connection between the persecutor and his or her country of origin.

Whether the Harm Amounts to Persecution

Board of Immigration Appeals (BIA) Decisions

In Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985), modified by Matter of Mogharrabi, 19 I&N Dec. 439, 446 (BIA 1987), the BIA defined persecution as harm or suffering inflicted upon an individual in order to punish the individual for possessing a belief or characteristic the persecutor seeks to overcome.

The BIA later modified this definition and explicitly recognized that a “punitive” or “malignant” intent is not required for harm to constitute persecution (Matter of Kasinga, 21 I&N Dec. 357, 365 (BIA 1996); Pitcherskaia v. INS, 118 F.3d 641, 646 (9th Cir. 1997).

The BIA concluded that persecution can consist of objectively serious harm or suffering that is inflicted because of a characteristic (or perceived characteristic) of the victim, regardless of whether the persecutor intends the victim to experience the harm as harm.

Additionally, the BIA has found that the term “persecution” encompasses more than physical harm or the threat of physical harm so long as the harm inflicted or feared rises to the level of persecution (Matter of T-Z-, 24 I&N Dec. 163, 169-71 (BIA 2007). Non-physical harm may include “the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment or other essentials of life.” (Matter of T-Z-, 24 I&N Dec. at 171, citing Laipenienks v. INS, 750 F.2d 1427 (9th Cir. 1985).

But proving persecution is not enough. You must also show that:

Your fear is specific, credible, and individualized
The government in your country is either directly involved or unwilling/unable to protect you
You meet all the procedural and legal requirements of asylum law

Today’s Challenges: Increased Scrutiny and Narrow Interpretations

In recent years, asylum cases have faced stricter interpretations, longer delays, and an increasingly complex legal environment:

Policy changes have affected how cases are evaluated
Backlogs mean more waiting and more pressure to get your application right the first time
Inconsistent decisions across different immigration judges and asylum offices
Heightened evidentiary burdens, especially in politically sensitive or gang-related claims

This is why the quality of your application package—and the presentation of your claim—has never been more important.

What It Takes to Win: A Complete, Well-Prepared Case

Winning an asylum claim is not just about checking boxes on Form I-589. A successful case requires:

✅ A Detailed, Consistent Affidavit

Your personal statement must clearly explain your story, the threats you faced, your physical and/or psychological abuse and why returning home is dangerous. Any inconsistencies or vague descriptions can severely damage your credibility.

✅ Supporting Evidence

Evidence can include but not limited to:

Police reports
Medical records
News articles about country conditions
Expert declarations
Psychological evaluations
Testimony from family, friends, or witnesses

✅ Country Conditions Research

You must show that the conditions in your home country support your fear of persecution. This includes objective documentation such as reports from human rights organizations and U.S. government sources.

✅ Legal Argument and Analysis

An attorney can identify the best legal theory for your claim. Are you eligible under a political opinion ground, or as a member of a particular social group? What precedent cases support your position? Without proper legal framing, even compelling stories can fail.

A Final Word

And always remember—your credibility is the foundation of your asylum case. Every statement you make, every detail you share, and every document you submit must be truthful and consistent. Immigration judges and asylum officers are trained to detect discrepancies, and any false or misleading information can not only harm your case but also bar you from future immigration benefits. Always state the truth, and nothing but the truth.

Every Case Is Unique—Details Matter

At Goxhaj Law Firm PLLC, we’ve handled asylum claims from all over the world.

One thing is always true: no two cases are alike.

Every detail counts. Something that may seem small—like a minor date discrepancy, an unclear translation, or an omitted fact—can break your case. Likewise, a single strong piece of evidence or a well-prepared witness can tip the balance in your favor.

This is why working with a qualified asylum attorney is not optional—it is essential.

Why You Need Legal Help

Asylum law is one of the most technical and evolving areas of immigration law. Having legal representation dramatically increases your chances of success. A skilled attorney can:

Guide you through the process and deadlines
Help you build a strong evidentiary record
Identify and address weaknesses in your case
Prepare you for interviews and court hearings
Present legal arguments that align with current case law

In today’s immigration climate, where each claim is met with intense scrutiny, you cannot afford to go through this alone.

Final Thoughts: Don’t Wait Until It’s Too Late

If you are thinking about applying for asylum, or if your case is already pending, don’t leave anything to chance. The stakes are too high, and the margin for error is too small.

At Goxhaj Law Firm PLLC, we provide personalized, strategic representation for asylum seekers in New York, New Jersey, Arizona, and beyond.

📞 Contact us today to schedule a consultation. Let us help you prepare the strongest case possible—because your future depends on it.

📍 Offices: