Political asylum USA is an avenue for individuals in danger of persecution or harm in their home country to achieve residency in the United States and secure their safety. The process requires an individual to prove that there is “reasonable fear” for personal security if returning to their country of origin.
Asylum may be granted if applicants’ physical safety is threatened because of:
- National origin
- Political opinion and affiliations
- Social group involvement.
Although many candidates for political asylum may be in peril for more than one category noted above, the applicant and immigration attorney should focus on the most important reason.
Who is Qualified for Political Asylum USA?
Individuals must prove that they live with “reasonable fear” of future persecution. The person does not need to show that persecution is inevitable nor likely, but they must show that there is at least a likelihood of about 10-15% that some abuse would occur in the future if the individual(s) return to the country.
While this assessment seems speculative because it reflects on future occurrences, applicants have a more clear-cut application if they prove that persecution has occurred in the past.
Persecution justifying reasonable fear may consist of, but not limited to:
- Torture or bodily harm
- Locked up for extended periods of time without legal cause
- Continual threats from those in authority, verified by a credible source
The applicant and representing immigration attorney must prove that the threat to persecution comes directly from 1) the government of the country or 2) from a group of individuals whom the government cannot control.
However, U.S. officials may even question past ill-treatment if either the conditions in the country have changed dramatically or the asylum seekers could live in another part of the former country where the dangers do not exist.
How to Obtain Political Asylum USA
The USCIS (The United States Citizenship and Immigration Services) has defined two approaches for obtaining asylum in the United States. These are:
- Affirmative Process for Achieving Asylum
The Affirmative Process involves individuals who are already in the United States and seek permission to stay. Applicants must file a Form I-589 Application for Asylum and for Withholding of Removal. The application for asylum can be approved or forwarded for further review to an Immigration Judge for an asylum hearing.
- Defensive Process
The Defensive Asylum Process occurs when individuals are facing deportation to their original country where reasonable fear of safety exists. This strategy is sometimes initiated after the applicant fails to pass the Affirmative Process or have been placed in a removal status based upon entry to the United States without proper documentation.
In these cases, an Immigration Judge will hear arguments from attorneys representing the asylum seeker and from attorneys representing Immigration and Customs Enforcement (ICE). If successful, the person will be eligible for a green card, permanent residency, and eventually full citizenship. If unsuccessful, the person may appeal or will be processed for removal from the United States.
Things that Can Prevent Granting Political Asylum USA
To show compassion for legitimate asylum seekers, the USCIS does not reject applicants for some violations that might not permit other immigrants. Entry without proper documentation or living and working illegally in the United States may not necessarily prevent asylum from being granted.
Some activities do, however, stand in the way of earning political asylum. These are either mandatory or discretionary.
Mandatory Bars to Asylum are:
- Conviction of a felony
- Participating in a terrorist group
- Persecuting others
Discretionary Bars to Asylum are:
- The individual was given an opportunity to live in a third country but determined to come to the United States. Several other nations do offer political asylum.
- Applying for political asylum USA after being present in the country for more than a year. The exception are those who are already in the U.S. with legal immigration status.
- If the individual has already been denied asylum status.
Contact Davis & Associates Immigration Lawyers
The political asylum USA process is very complicated. To be successful, working with an experienced and dedicated firm like Davis & Associates in Dallas is essential.
The United States attempts to be compassionate in the asylum process, yet the requirements to prove “reasonable fear” are very strict. Individuals who try to manage the application themselves often find the barriers and complications that are too great to overcome. Removal is often the result.
In Dallas, contact Davis & Associates for a free consultation to learn the strategies and processes for achieving political asylum USA. The firm specializes in immigration cases and brings vast knowledge and experience to these situations.
Call Davis & Associates Immigration Law Firm Political Asylum USA.
Phone (214) 999-1942 to schedule your free consultation. The professional staff is multilingual and will be pleased to answer your questions.