Recently, I was asked a question by someone seeking answers to a complex situation: “As an American, is it possible to apply for asylum in France?”
Here's what he wrote to me:
”I honestly have never felt so unsafe as I do now with the current conditions within the state of the country (...)".
Lately, I’ve been receiving more and more of these kinds of requests whether through my relocation agency or my volunteer work with an association. It’s unsettling to think that Americans feel so unsafe now that they’re now considering asylum in another country.
But if this is a question you’re asking yourself, based on years of experience helping asylum seekers from all walks of life with their applications and hearings in France, here’s what you need to know:
Grounds for seeking asylum
To be eligible for asylum, a person must prove that he or she is at risk of persecution generally for 5 reasons : race, religion, nationality, political opinion or membership of a particular social group. These rules derive from the 1951 Geneva Convention and the New York Protocol.
Sexual orientation, when it gives rise to persecution, can be considered as a reason for belonging to a social group.
LGBTQ+ people are thus often recognized as a vulnerable group, particularly in regions where laws and social attitudes threaten their safety and well-being.
But other criteria must also be met to qualify for asylum. In this case:
Have a well-founded fear that, if one's return home, they will be personally exposed to persecution because they belong to this social group
Persecution can take many forms, such as hate crimes, targeted violence, systemic discrimination and restrictive laws, social and professional exclusion and so on.
If a person cannot live in freedom because of these threats, and is in real danger in their country, he or she may be eligible for asylum, but another criterion must also be met
Not being able to claim the protection of their home country
A key criterion in an asylum application is proving that the country of origin is unable or unwilling to offer protection.
When authorities pass discriminatory laws, allow hate crimes to go unpunished, or contribute directly to persecution, this strengthens an asylum claim.
Despite current internal challenges, the United States remains, in principle, a country considered safe. As a result, an asylum claim from the US now has little chance of success as one would have to demonstrate that the US government has failed in its responsibility to protect its citizens.
Given the current political climate, it's impossible to predict the future. But for the time being, if you wish to live in a country where you feel safer, such as France, you will have to go through other channels, such as obtaining a visa for which you'd qualify.
That's it for today.
If you found this article useful, pass it on to a friend you know who could benefit from it.
Jeremy
Whenever you're ready, here are two more ways I can help:
- Clarification discussion: Get more clarity on possible immigration statuses for you to travel, stay long-term in France or become a French citizen.
- Full support: Once the best path for you is identified, get step-by-step assistance in obtaining your status.
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