Asylum basics & eligibility

What is past persecution in an asylum case?

Plain-English guidance on what is past persecution in an asylum case, with practical evidence-preparation steps and official U.S. government sources.

Published September 21, 2026Last reviewed September 21, 2026General information
Not legal advice.US Asylum Help provides general information, research links, and organization tools. We do not determine eligibility, deadlines, strategy, evidence sufficiency, or what anyone should say or file in an individual immigration matter.

Past persecution refers to qualifying persecution that an asylum applicant says already occurred before the asylum decision. It is different from simply showing that a country was dangerous or that the applicant experienced hardship.

Document the events precisely

Create an incident-by-incident record with dates or honest date ranges, locations, people involved, what happened, injuries or consequences, words used by the persecutor, whether authorities were involved or contacted, and the protected-ground connection you believe the facts show.

Preserve supporting evidence

Possible evidence includes testimony, declarations from witnesses, photographs, medical records, police reports, court papers, threatening messages, membership records, and country reports. A case does not necessarily contain every type of evidence.

If an expected record is unavailable, keep notes showing what you tried to obtain and why it could not reasonably be obtained.

The legal consequences of establishing past persecution and the government's ability to rebut presumptions involve specific rules. Changed country conditions and the possibility of relocation can also become relevant.

Official sources

A lawyer can evaluate how the past-persecution rules apply to particular facts.

Official sources & current information

Verify changing requirements at the source.

This section identifies government links contained in this guide. The government page, form instructions, court notice, or other controlling document should be checked for current requirements.

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