The USA Citizenship and Immigration Service (USCIS) understands the predicament of foreign nationals that might be subjected to harassment, discrimination, or unfair mistreatment based on ethnicity or religious discrimination, nationality or political and social association in their home countries. For individuals who are already located in the U.S. and could prove that returning to their native nation might expose them to imminent danger, seeking political asylum to remain might be the safest route.
Certain restrictions apply to political asylum USA. If you have participated in the persecution of individuals, carried out severe crimes, pose a security risk while in the USA, or more, you might not be eligible. Individuals seeking political asylum are going to realize it’s essential to consult with a qualified immigration attorney prior to requesting refuge in the USA.
Political Asylum USA: Affirmative
The core requirements for seeking political asylum are to justify that you have a reasonable concern that returning to your country of residence can lead to oppression, imprisonment, or punishment at the hands of specific people or the existing government.
In the event that you and your loved ones have been residing in the USA for less than one year and feel that you have a reasonable fear of returning to your home nation, you are able to apply for political asylum utilizing Form I-589 Application for Asylum or for Withholding of Removal.
Political Asylum USA: Defensive
Sometimes, individuals may already be scheduled for removal from the USA but are under certain risk of punishment or abuse in the event that they go back to their home nation. In these situations, Immigration and Customs Enforcement authorities might recommend the person to an asylum officer to identify if the individual is “more likely than not” to become persecuted as soon as they arrive at their home country. When the asylum officer establishes there is a potential for risk, individuals will have the opportunity to seek a deferral of removal judgment in front of an immigration judge.
Frequently Asked Questions Regarding Political Asylum
Will there be an interview?
The USCIS screening process involves responding to questions and supplying proof of possible endangerment if you return to your nation. Applicants should bring their spouse and any kids if they are present. You may even bring an immigration lawyer or an interpreter to get assistance. It is essential that you comprehend and respond to every question as accurately as possible.
What is “credible fear” of persecution or torture?
You must provide a substantial probability that you are going to be persecuted or tortured if you return to your previous nation of residence.
Must I bring an interpreter with me for the Asylum Office interview?
If your English understanding is limited, you should certainly bring an interpreter. The Asylum Office will not supply interpreters.
If my family is presently outside the U.S., can I bring them in as well?
Only following your officially granted asylum can you bring family to the U.S. As soon as asylum is approved, you may petition to bring your partner as well as qualified sons or daughters to the United States through completing an I-730 Petition form.
May I request a Green Card (permanent residency) once I am given political asylum?
An asylum grantee can request permanent residency after a full year of political asylum.
I have been denied asylum in the United States previously. May I inquire again?
No, you are not able to apply again unless the situation has shifted significantly. It is recommended that you speak with a qualified and experienced immigration attorney to evaluate your situation.
What happens if I miss my scheduled Immigration Court hearing?
The Judge will probably order your removal from the U.S. Should you discover you need an immigration lawyer, the judge might permit you additional time to find one to represent your case 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 gathering, you will have a chance to visit with and decide whether you are comfortable with proceeding with this multilingual and dedicated immigration law firm.
For more information about political asylum 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 (786) 805-4810.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in Miami, FL 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.