Asylum is a form of protection granted to individuals fleeing persecution or the fear of persecution in their home country. While persecution can come in many forms, such as race, religion, or political beliefs, some asylum seekers face persecution simply because of their nationality. This article will explore the process and challenges of seeking asylum based on nationality and Eligibility For Asylum via Immigration Law

An application for asylum of an alien may be considered, notwithstanding subparagraphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B).



What is Asylum Based on Nationality?

Asylum based on nationality is when an individual seeks protection in another country due to persecution they face in their home country based solely on their nationality they do this by an Application For Asylum and usually through an Immigration Attorney. This type of persecution can take many forms, such as discriminatory laws, policies, or practices that target specific ethnic or national groups.

The Process of Seeking Asylum Based on Nationality

Asylum discrimination on the grounds of nationality s challenging to get because it is frequently linked to someone’s political beliefs, faith, ethnicity, and other characteristics or cultural characteristics, such as the Country Of Origin , Refugee Status and Basis For Asylum will weigh on the Asylum Officers and immigration court.

Except in the cases specified in this paragraph, the grounds for denial of withholding of deportation in section 243(h)(2) of the Act as it appeared prior to April 1, 1997, shall be deemed to comply with the Protocol Relating to the Status of Refugees, Jan. 31, 1967, T.I.A.S. No. 6577. (e) [Reserved] (f) Removal to third country.


The adjudicator shall state that an alien eligible for such protection is eligible for withholding of removal unless the alien is subject to mandatory denial of withholding of removal under paragraph (d)(2) of this section.


If an alien eligible for such protection is subject to mandatory denial of withholding of removal under paragraph (d)(2) of this section, the adjudicator shall state that the alien is eligible for deferral of removal under § 208.17(a) .



A prosecutor’s understanding of the “any nation” provision might decide if asylum seekers who are residents of more than one nation are qualified for refuge in the United States.

The difficulty for those dual nationality asylum applicants is that they’ll be obliged to show a well-established threat of persecution within every nation with a contractual binding.

Additionally, several nations that formerly did not recognize multiple or dual citizenships are starting to change their legislation to give persons to keep their nationality even after gaining citizenship in those other jurisdictions. That’s why having an expert immigration lawyer assist you in your asylum application is critical. Request For Asylum needs to be filed properly after proper legal advice from an immigration attorney and during a one-year deadline
Period Of Time. Grant of Asylum can occur due to humanitarian asylum , political asylum , Credible Fear Determinations ,International Protection,Convincing Evidence of Threat To Life ,Violence Against Gays . family violence and more

The process of seeking asylum based on nationality can be complex and challenging. Here are the steps involved:

Step 1: Arrival in the Host Country

The first step in seeking asylum based on nationality is arriving in the host country. This can be done in several ways, such as crossing a border, applying for a visa, or seeking refuge at an embassy. usally the adjustment of status to lawful habitual residence and Permanent Residents will occur


Step 2: Filing an Asylum Claim

Once in the host country, the individual must file an asylum claim with the appropriate government agency. This claim must demonstrate that the individual has a well-founded fear of persecution in their home country based solely on their nationality.

Step 3: Interview and Investigation

After filing an asylum claim, the individual will undergo an interview with a government official to provide more information about their situation. The government agency will then conduct an investigation to determine the validity of the claim.

Step 4: Decision

After the investigation, the government agency will make a decision on whether to grant asylum based on nationality. If granted, the individual will be allowed to stay in the host country and may be granted certain rights and benefits, such as the ability to work and access to healthcare.

What is the Rate of Success in Asylum Based on Nationality?

Whenever asylum seekers hire an attorney, their likelihood of succeeding is considerably better, regardless of nationality, ethnicity, religion, political stance, or social category. Consider, for instance, China.

From October 2011 to September 2017, the country had the most overall asylum rulings in the United States (31,176), amongst the minimum denial percentages (20.3 percent). Most notably, almost 95% of the Chinese petitioners received legal representation. Grounds for denial may include:

  • Exceptional Circumstances
  • criminal activity
  • Death Threats
  • Frivolous Asylum Application
  • Domestic Violence
  • Political Agreement
  • Form Of Trafficking
  • Legal Immigration Status
  • Aggravated Felony
  • Country Of Citizenship

Challenges of Seeking Asylum Based on Nationality

Seeking asylum based on nationality can be challenging due to several factors, such as:

Lack of Evidence

Proving persecution based solely on nationality can be difficult, especially if the persecution is not overt. This can make it challenging to provide the necessary evidence to support an asylum claim.

Inconsistent Decisions

The decision to grant asylum based on nationality can vary between different government agencies and even different individuals within those agencies. This can create inconsistency in the application of asylum laws and make it difficult for individuals to know if they will be granted protection.

Lengthy Process

The process of seeking asylum based on nationality can be lengthy, often taking months or even years to complete. During this time, the individual may not be able to work or access certain benefits, making it difficult to support themselves and their families.

Denial of Withholding

Seeking asylum based on nationality can be a challenging and complex process. However, it is an essential form of protection for those facing persecution simply because of their nationality. By understanding the process and challenges of seeking asylum based on nationality, we can work towards creating a more just and equitable system for all individuals seeking refuge.

For purposes of section 208(a)(2)(C) of the Act, an asylum application has not been denied unless denied by an immigration judge or the Board of Immigration Appeals. (4) Changed circumstances. (i) The term “changed circumstances” in section 208(a)(2)(D) of the Act shall refer to circumstances materially affecting the applicant’s eligibility for asylum.


Therefore, seeking the help of a professional and experienced attorney The Echavarria Law Firm will make your application process more manageable. The lawyer will handle all the legal procedures, allowing you to work for the best possible outcome.

The Echavarria Law Firm – Immigration attorney
118 E Ashby Pl, San Antonio, TX 78212, United States
+1 210-320-5633