Individuals that file for asylum must meet the definition of refugee and must be physically present in the United States or at a port of entry like a border crossing, airport, or a seaport. A refugee is defined as an individual that has left their country or last place of residence due to a well-founded fear of persecution. The well-founded fear of persecution needs to be established due to past acts, in the future, or both. There are different criteria for the fear of persecution that have been identified. The refugee fears they will be persecuted due to their race, religion, nationality, being part of a particular social group, or having certain political opinions. In addition, the individual is not able or willing to return to the country and they are not able to be protected by the country. 

Individuals that file for asylum may have been victims of torture, severe abuse, have had threats against their life or freedom, confinement and imprisonment, and rape to list a few examples. These acts or threats of harm must have occurred in the individual’s country or last place of residence. In addition, the persecution must occur by the government or non-state actors, partner, cartel, gang members, etc., that the government is not able or willing to control. The psychological evaluation gathers information about the persecution and assesses the mental and emotional impact on the individual. The evaluation also identifies symptoms and psychological problems as a result of the abuse such as Posttraumatic Stress Disorder (PTSD), severe forms of depression, and/or anxiety.