These concepts in practice often overlap, but they are technically distinct. Ethnic groups tend to cross state and political boundaries where nationality may not. Persecution based on a person’s ethnic group is also a basis to seek asylum and has been recognized in case law. Ethnicity is often publicly seen to overlap with race (another basis for asylum), but it is distinct from race. Racial categories tend to be broader than ethnic categories and often encompass multiple ethnic groups at the same time.

National origin can be the basis for asylum, but U.S. caselaw suggests that it is a harder and less frequently used basis to achieve asylum than other grounds. Nevertheless, if a person has been persecuted or fears persecution because of their minority national origin in their country of residence (say for example, you were persecuted because your parents were from a neighboring country), then you may have a claim for asylum based on nationality.

Asylum claims based on ethnicity are also possible. Although ethnic groups are not one of the five protected grounds under U.S. asylum law, ethnic group-based asylum claims have been granted under “membership in particular social groups.” It is not important that you yourself identify with being part of a specific ethnic group, but rather that the persecutor perceives you to be and harmed you (or wants to harm you), because of their perception that you are part of an ethnic group. Indigenous people have qualified for asylum in the past, based on persecution related to their indigenous ethnicity, and traditionally linguistic groups that are minorities in their countries have been able to qualify.

If you have been harmed because of your nationality, or your ethnic group, or if you fear future harm based on one of these categories, do not hesitate to contact us. You may have a valid claim to protection under U.S. asylum law.

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The U.S. asylum process is very complicated, so the best chance of success comes by working with an experienced asylum attorney.  We are highly experienced in US asylum law.  We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible.  We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way.

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