“If I am Indian, can I apply for asylum in the United States?” Many Indians asking this question, and the answer is yes. But the real outcome of your application for asylum in the U.S. depends on the circumstances.
Futher below you will find more about getting asylum in the U.S. when you are an Indian.
First, you should know that even if you illegally entered the U.S., you may still apply for asylum according to the eligibility requirements. (Illegal entring the U.S. mean you did not receive a visa in India before arriving to the U.S.)
If you entered the U.S. with a visa and you applied for asylum, you will have to pass the interview with the USCIS asylum officer to prove that you have a credible fear of returning to India. (U.S. Citizenship and Immigration Services, or USCIS, is the U.S. agency that handles immigrants’ cases.) And you will have to provide sufficient evidence – photos, videos, other documents – to persuade the U.S. authorities that you do qualify for asylum.
The most often grounds for Indians to seek asylum in the United States are religion and violence against women. Speaking of religion, many adherents of Sikhism are persecuted for their beliefs by the government in India. And if you belong to any Sikh organization, you only need to prove that the organization leaders and members were persecuted or tortured. You will also have to prove that you are Sikh. You should know well your religion and be ready to answer any Sikh religion related questions during the interview with the asylum officer.
USCIS or the Immigration Judge will review your application and the evidence you provided and will take one of the five asylum decisions. Therefore, to make sure that you will not be removed from the United States, we recommend you to prepare to the asylum interview.
You should also consider hiring an immigration attorney (a lawyer). With an attorney, your chances to receive asylum will be much higher, because your rights will be protected during the asylum process.