QUESTION: I ran away from my country because my husband kept beating me. Is there anything that I can do?
Answer: There were actually no way you could have claimed asylum just a couple years ago. However, times have changed and it is now possible to claim asylum based on different factors.
In a case called A-R-C-G-, which was recently decided, there was a woman who was beaten repeatedly by her husband. This abuse included weekly beatings after the respondent had their first child. On one occasion, the her husband broke her nose. Another time, he threw paint thinner on her, which burned her breast. He raped her. She contacted the police several times but was told that they would not interfere in a marital relationship. On one occasion, the police came to her home after her husband hit her on the head, but he was not arrested. Subsequently, he threatened her with death if she called the police again. She repeatedly tried to leave the relationship by staying with her father, but her husband found her and threatened to kill her if she did not return to him. She left the country and filed for asylum.
Question: Did she win and will that help me?
Answer; The big issue here is whether this was a ‘social group’ which was being persecuted. Ultimately, it was ruled that married women of this country who suffer abuse from their husband’s was a valid social group, and therefore could claim asylum.
This means that women who are being beaten all over the world by their spouses can apply for asylum. Clearly, they must prove that they are in a ‘social group’ and that social group is being persecuted. Thus, if it is an isolated incident, or if the laws of that country actually help victims of domestic violence and prosecute those responsible, asylum will not be available.
Question: Can you elaborate on what you mean by a ‘social group’ as it relates to asylum?
Answer: Your membership in a “particular social group” must establish that the group is (1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question. The “particularity” requirement addresses “the question of delineation.” That is, it clarifies the point that “not every ‘immutable characteristic’ is sufficiently precise to define a particular social group.
Thus, not every situation and not every domestic violence case will qualify to be in a ‘social group’ for asylum purposes. However, if you can have your case framed and argued properly by showing it is part of a social group being persecuted, you will have a chance at applying for asylum.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
