This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Janice Chen, Esq., and Victoria Khaydar, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Falls Church, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

Asylum is not granted as a matter of routine. To qualify for asylum, you have to have an objectively reasonable, subjectively genuine fear of persecution if returned to your home country; and, moreover, that fear must be based on a limited number of ‘protected grounds’ – race, religion, political opinion, nationality, or membership in a particular social group. On top of that, even if you do have the aforementioned fear of persecution based on a protected ground, you still have to qualify for asylum as a matter of discretion.

In previous administrations, discretionary denials of otherwise qualifying asylum claims were extremely rare. In the new Trump Administration, of course, all bets are off.

The purpose of this article is twofold: (1) to inform asylum applicants about these new ‘discretion’ questions so they can think carefully about how to answer them, and (2) to inform our fellow citizens about what the current Administration is doing in their name.

Immigration attorneys report that new questions are being asked at asylum interviews which touch on anti-Semitism, anti-Americanism, an asylum applicant’s poverty, health conditions, and wealth, and the applicant’s engagement in the community. Some of these questions aren’t unreasonable, but some are completely bonkers. Here are some of the topics and reported questions for each topic.

Anti-Semitism

• Do you hold any anti-Semitic views?
• Have you held anti-Semitic views in the past?
• Do you plan to hold any anti-Semitic views?
• Have you or your family expressed anti-Semitic opinions on Social media, at home, in public or private? (more…)