Is it possible for my family to apply for an asylum or immigrate to the US based on domestic violence abroad?
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Is it possible for my family to apply for an asylum or immigrate to the US based on domestic violence abroad?
My mother and underage siblings who live abroad are the victims of family violence. There is no way to protect them in their home country because of corruption and lack of organizations against domestic violence. I am a legal permanent resident, so I cannot petition for them to receive the green card and move to the U.S. If they come on a tourist visa, is there any possibility to apply for an asylum, or at least extend their legal stay until I become a citizen, based on domestic violence factor? Are there any organizations that can help? If it is possible, what proves do they need?
Asked on January 9, 2012 under Immigration Law, California
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Domestic violence is not a basis upon which one can qualify for asylum. There has to be proof of persecution on the basis of one of the specified bases that is proven to be on the part of the government of an entity under the government control. You can certainly try to have them come to the US as tourists and then pursue other options, such as employment or education on the basis of which they can try to get other visas to stay in the US.
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