What is required for a dual citizen from Venezuela and Spain to meet the definition of a refugee?

In determining whether an individual qualifies as a refugee under U.S. asylum law, the central requirement is a well-founded fear of persecution based on one or more of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.

For a dual citizen from Venezuela and Spain, the focus is on whether they have a fear of persecution in one of the countries of nationality, which is a key element in the assessment of refugee status. The requirement is not merely about permanent residency in the U.S., but rather an evaluation of the individual's circumstances and fears associated with their home countries.

The correct approach here is that the individual must demonstrate a fear of persecution in either or both of their countries of citizenship. If there is no fear of persecution in Spain, it would not disqualify them from seeking asylum in the U.S. based on their Venezuelan citizenship, provided they can establish a well-founded fear of persecution there.

Therefore, while proof of permanent residency in the U.S. is relevant for other immigration considerations, it is not a requirement for someone to meet the definition of a refugee. The emphasis should instead be on their fear of persecution in their countries of nationality.