Why Race, Religion, and Nationality Are Stronger Asylum Grounds Than Politics

If you are considering applying for asylum in the United States, one of the most important decisions you will make is choosing the right legal ground for your claim. Not all asylum grounds carry the same weight — and understanding the difference could determine whether your case succeeds or fails.

What the Attorney Says

According to immigration attorney Ilya Fishkin (NY Bar, 20+ years of experience), the strongest asylum cases are built on race, nationality, or religion. The reason is straightforward: these are characteristics that do not change with a government.

Political opinion claims, on the other hand, carry a unique and serious risk — the risk that the government in your home country changes. If the regime that persecuted you is no longer in power, U.S. immigration authorities may question whether you still face a real threat. Attorney Fishkin points to a concrete example: people who arrived and filed asylum claims around 2015 based on political persecution may now face a harder road, because the political landscape in their home country may have shifted. A new government means the original basis for fear could be seen as no longer valid.

He raises the same concern about Russia. With President Putin already past 70, Fishkin notes that the question of what happens if power changes in Russia is very real. If tomorrow Russia had a different government, immigration judges could ask: on what basis would we grant political asylum now? Race, nationality, and religion, by contrast, are not tied to who holds power. A person persecuted for their ethnicity or faith faces that danger regardless of which political party or leader is in charge — making those claims far more durable and harder to challenge over time.

What You Should Do

The interview does not outline a step-by-step action plan, but attorney Fishkin's analysis points to several important principles you should keep in mind:

• Evaluate all possible grounds for your claim. If your persecution involved your race, ethnicity, nationality, or religion — even alongside political factors — make sure those grounds are clearly identified and documented in your application.
• Do not rely on political grounds alone if other grounds apply. Political situations change. If your case can be grounded in something more permanent — like who you are, not just what you believe — that foundation is more stable.
• Consult with an immigration attorney before filing. The choice of asylum ground is a legal and strategic decision. An experienced attorney can assess which grounds are strongest given the current conditions in your home country.
• Stay informed about conditions in your country of origin. Changes in government or leadership can affect how your case is evaluated. Your attorney needs up-to-date country condition information to build the strongest possible argument.

FAQ

Q: Why is political opinion considered a riskier asylum ground? A: Because political situations can change. If the government that persecuted you is replaced, immigration authorities may argue that the threat no longer exists — weakening or invalidating your claim. Attorney Fishkin specifically highlights this risk for cases where the political situation in the home country has shifted since the applicant arrived in the U.S.

Q: Why are race, nationality, and religion considered stronger grounds? A: These characteristics are permanent and independent of who is in power. A person persecuted for their ethnicity or religion faces that danger no matter which government is in charge, making it much harder for authorities to argue the threat has disappeared due to a change in leadership.

Q: Does this mean I should not mention political persecution at all? A: Not necessarily — but it means you should not rely on political grounds alone if other grounds apply to your situation. The key takeaway from attorney Fishkin's analysis is that race, nationality, and religion provide a more durable legal foundation. Speak with an immigration attorney to understand how best to present your specific circumstances.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.