The USA Citizenship and Immigration Service (USCIS) understands that foreign nationals might be exposed to harassment, discrimination or unfair mistreatment founded on race, religious bias, or political and cultural association in their home countries. For those who are currently in the United States and can prove that going back to their native nation may subject them to danger, the safest option might be looking for political asylum in the U.S.
Specific limitations apply to political asylum USA. If you have participated in the persecution of individuals, committed serious crimes, pose a security risk or more while in the USA, you may not be qualified. You are going to find it essential to consult with an experienced immigration attorney prior to applying for refuge in the USA.
Political Asylum USA: Affirmative
The main criteria for seeking political asylum is to prove that you possess a sensible concern that going back to your country could result in persecution, punishment or even jail time by certain people or the current government.
If you or your loved ones have been in the United States for under one year, and you have a justifiable fear of returning to your nation of residence, you can make an application for political asylum utilizing Form I-589 Application for Asylum or for Withholding of Removal.
Political Asylum USA: Defensive
In some cases, people may currently be scheduled for removal from the U.S. but are under the threat of punishment or torture in the event that they return to their home country. In these situations, Immigration and Customs Enforcement authorities might refer the person to an asylum officer in order to identify if the individual is actually “more likely than not” to be oppressed as soon as they return. If the asylum officer establishes there is a potential risk, individuals will get the chance to seek an extension of removal judgment in front of an immigration judge.
Commonly Asked Questions Regarding Political Asylum in the U.S.
Will there be an interview?
The USCIS screening process involves answering questions and supplying proof of potential danger in the event that you return to your country. Applicants should bring their partner and any children if available. You can even bring an immigration attorney or an interpreter to get assistance. It is essential that you comprehend and respond to every question as correctly as possible.
What is “credible fear” of persecution or torture?
You must verify a significant probability that you are going to be persecuted or tortured if you go back to your previous country of residence.
Should I bring along an interpreter with me to the Asylum Office interview?
If your English understanding is restricted, you should bring an interpreter. The Asylum Office does not provide interpreters.
If my family are presently outside the United States, may I bring all of them in as well?
Only following your approved asylum can you bring family members to the U.S. Once asylum is approved, you may petition to bring your spouse as well as qualified children to the U.S. by finishing an I-730 Petition form.
May I apply for a Green Card (permanent residency) after I am granted political asylum?
An asylum grantee can request permanent residency after a full year of being granted political asylum.
I have been denied asylum in the United States previously. May I apply again?
No, you are not able to apply again unless the circumstances have shifted considerably. It is recommended to consult with a qualified and knowledgeable immigration attorney to review your circumstances.
What happens if I miss my scheduled Immigration Court hearing?
The Judge will likely command your removal from the United States. Should you find you require an immigration lawyer, the judge may permit you additional time to choose one to represent your claim better.
Contact Davis & Associates
The highly respected and award-winning immigration law firm of Davis & Associates has worked extensively with Political Asylum USA cases and understand the complexities of the political asylum process. An accurately completed application and well-presented responses during the asylum office interview and in immigration court proceedings can make the difference between success and failure in an asylum case.
Davis & Associates offers a free initial consultation to discuss your case. In this initial consultation, you will have a chance to visit with and decide whether you are comfortable with proceeding with our multilingual and dedicated immigration law firm.
For more information on political asylum USA and to schedule your free initial consultation, visit the Davis & Associates Contact Us Page.
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If you want to schedule a free consultation by phone, call the Davis & Associates’ office number is (832) 742-0444.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in Houston and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.