What counts as persecution — and what does not
This page helps you understand whether your situation has elements of persecution under U.S. immigration law (INA §101(a)(42)) and the 1951 UN Refugee Convention. This is not legal advice — it is a starting reference to help you decide whether to fill out the form.
What IS persecution
Persecution is serious harm or a real threat of serious harm inflicted by the government or by actors the government cannot or will not control, on one of five protected grounds:
- race
- religion
- nationality
- political opinion
- membership in a particular social group
- detention, arrest, imprisonment for religious or political reasons
- torture, physical or psychological violence by authorities or by groups operating with state acquiescence
- criminal prosecution under statutes that criminalize faith or conscience: Russian Criminal Code §282.2 (extremism/'undesirable organizations'), §280.3 (discrediting the army), §328 (draft evasion on conscience grounds)
- forced conscription into military operations against your conscience (for pacifists)
- threats to life, health, or family directed at you because of a protected ground
- systematic discrimination rising to the level of serious harm: inability to work, study, register a congregation, or access healthcare
- confiscation of church or believer property because of faith
What is NOT persecution
Under U.S. law the following do not count as persecution:
- general economic hardship, poverty, or unemployment — even severe
- isolated personal conflicts not connected to a protected ground
- criminal prosecution for actual crimes (theft, fraud, etc.) unrelated to faith or conscience
- generalized violence in a country (war, crime) affecting all citizens equally
- temporary inconvenience, fines, or burdensome laws without serious harm
- inability to relocate to the U.S. for reasons unrelated to a protected ground
Who cannot receive protection even when persecuted
INA §101(a)(42)(B) and §212(a)(3)(E) exclude from the definition of 'refugee':
- people who themselves persecuted others on a protected ground (the 'persecutor bar') — for example former KGB officers involved in pressuring believers
- terrorists and people supporting terrorist activity
- war criminals
- people convicted of particularly serious crimes in the U.S. or elsewhere (subject to detailed assessment)
What ARRC can — and cannot — do for you
✓ Can
- gather your story and documents into a structured case file
- prepare draft materials for your own use or for your attorney
- use your story anonymously in advocacy work (with your consent)
- connect you, at your option, with a licensed immigration attorney or EOIR-recognized organization
✗ Cannot
- represent you before USCIS, DHS, or an immigration court
- give legal advice
- guarantee any outcome
- file forms on your behalf
If your situation matches the first section above — continue.
Continue to authorization and signature →ARRC is a 501(c)(3) non-profit, NOT a law firm. ARRC staff are not attorneys and are not EOIR-accredited representatives. The information on this page is general and does not replace consultation with a licensed immigration attorney.
Sources: INA §101(a)(42), 8 USC §1101(a)(42); 1951 UN Refugee Convention; USCIRF Annual Report; ARRC internal materials (mission.md, persecution case database).