The USA Citizenship and Immigration Service (USCIS) feels to the plight of foreign nationals that might be subjected to harassment, bias, or unjust persecution based on race, spiritual bias, nationality or political and cultural affiliation in their native countries. For those that are already present in the U.S. and could present that going back to their home country can easily subject them to imminent danger, looking for political asylum in order to stay might be the most safe option.
Specific restrictions apply to political asylum. If you’ve taken part in the mistreatment of individuals, carried out severe offenses, pose a security danger while in the United States, and even more, you may not be eligible. Individuals seeking political asylum are going to realize it’s necessary to speak with an experienced immigration lawyer before requesting refuge in the USA.
Political Asylum USA: Affirmative
The core criteria for seeking political asylum is generally to prove that you possess a reasonable fear that going back to your nation of residence could lead to persecution, imprisonment or penalty at the hands of specific individuals or the existing government.
In the event that you and your immediate family have already in the United States for under one year and feel that your circumstances have a justifiable fear of returning to your nation of residence, you can apply for political asylum using Form I-589 Application for Asylum or for Withholding of Removal.
Political Asylum: Defensive
Sometimes, individuals may already be scheduled for removal from the United States but are exposed to the risk of punishment or abuse if they go back to their home country. In these circumstances, Immigration and Customs Enforcement authorities might refer the person to an asylum officer in order to determine if the person is “more likely than not” to be persecuted when they return. When the asylum officer determines there really is a potential of danger, individuals will get the chance to pursue an extension of removal judgment in front of an immigration judge.
Frequently Asked Questions Regarding Political Asylum
Will there be an interview?
The USCIS assessment process involves answering questions and supplying evidence of possible danger if you go back to your nation. Candidates should bring their partner as well as any children if they are present. You may even bring an immigration lawyer or an interpreter to get assistance. It is vital that you comprehend and respond to each question as correctly as possible.
What is “credible fear” of persecution or torture?
You need to verify a significant possibility that you are going to be persecuted or tortured in the event that you go back to your previous nation of residence.
Must I bring along an interpreter with me for the Asylum Office interview?
If your English understanding is restricted, you should bring an interpreter. The Asylum Office never supplies interpreters.
If my family members are presently outside the U.S., can I bring all of them in as well?
Only following your approved asylum could you bring family to the United States. As soon as asylum is approved, you may request to bring your spouse and qualified children to the U.S. by finishing an I-730 Petition form.
Can I apply for a Green Card (permanent residency) once I am granted political asylum?
An asylum grantee may request permanent residency after a full year of being provided political asylum.
I have been rejected asylum in the U.S. previously. May I inquire again?
No, you can not apply in the future unless the situation has changed significantly. It is best to consult with a qualified and experienced immigration attorney to review your situation.
What occurs if I should miss my scheduled Immigration Court hearing?
The Judge will likely command your removal from the U.S. If you discover you require an immigration lawyer, the Judge might permit you more time to find one to represent your case more effectively.
