I am not qualified for asylum status, but I fear being tortured when I return home. Is there any other recourse available to prevent this?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 14, 2021

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In addition to asking for asylum and withholding of deportation or removal, a foreign national can give evidence to the court that you are “more likely than not” faced with the possibility of being tortured, for any reason, should you be returned to your country of origin. To be considered torture, it must be an extreme form of cruel and inhuman treatment and it must be intended to cause severe pain and suffering. There is no requirement that torture be on account of race, religion, nationality, membership in a particular social group, or political opinion – which is the traditional bases for asylum eligibility.

You can give evidence of your past experiences and the general conditions in the country the United States is attempting to deport you to. If you make a case, you cannot be extradited or deported to face torture at home. However, you can be removed to a third country.

The procedure for application is the same as filing for asylum, Form I-589; include a detailed explanation of the mistreatment you experience or any threats made against you by a government or somebody connected to a government on the form. It may be a good idea to directly contact an immigration attorney experienced in the asylum process for more information on your particular case.

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