Political Asylum

Seeking asylum in the United States is a complex process that offers protection to individuals who have a well-founded fear of persecution in their home country. However, understanding the intricacies of asylum, including the role of USCIS, the importance of legal representation, and the differences between asylum and withholding of removal, is crucial for anyone considering this path.

Understanding USCIS and the Asylum Process

The U.S. Citizenship and Immigration Services (USCIS) is the government agency responsible for handling various immigration matters, including asylum applications. When you file for asylum affirmatively, your application is first reviewed by USCIS. If your case is strong, you may be granted asylum after an interview with an asylum officer. However, if USCIS does not approve your application, and you are out of status, your case will be referred to an immigration court, where you can renew your asylum claim as part of removal proceedings. In contrast, if you are already in removal proceedings, your asylum application will be heard directly by the immigration court.

The Importance of Legal Representation

Filing for asylum is not just about submitting forms; it involves presenting a detailed and credible case that convinces the authorities of your fear of persecution. An experienced immigration attorney can help you organize this information and present your case effectively, increasing your chances of success. Moreover, attorneys can navigate the procedural complexities, such as meeting filing deadlines and addressing any requests for additional evidence.

Differences Between Asylum and Withholding of Removal

Asylum and withholding of removal are both forms of protection available to individuals facing persecution, but they differ in significant ways. Asylum grants you legal status in the U.S., allowing you to work, bring your family, and eventually apply for permanent residency. Withholding of removal, on the other hand, simply prevents you from being deported to a country where you would likely face persecution. While withholding of removal offers protection, it does not provide the same benefits as asylum, such as a path to permanent residency. Additionally, the burden of proof is higher for withholding of removal, requiring you to show that it is more likely than not that you would be persecuted if returned to your home country.

Conclusion

The asylum process in the United States is a vital lifeline for those fleeing persecution, but it is also fraught with legal challenges and complexities. Whether you are filing affirmatively with USCIS or defending your claim in immigration court, having a thorough understanding of the process and securing skilled legal representation are key to achieving a successful outcome. If you are considering applying for asylum, it is crucial to act quickly and consult with an experienced immigration attorney to ensure that your application is prepared correctly and that you meet all necessary deadlines.

We have successfully helped many people win complicated asylum cases. If you’d like our help, please contact us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

I am originally from Yugoslavia and came to the US in 1990. I don’t have any legal status in the US and was wondering if I could apply for asylum? As you may know, Yugoslavia no longer exist since 2003. Does that help me apply asylum?

The fact that Yugoslavia no longer exists is not, by itself, a basis to obtain asylum in the US. You must be able to show past persecution or likelihood of future persecution based on race, religion, nationality or social group membership. However, it can certainly help if you are an ethnic minority and you have suffered persecution in the past or your family members are currently persecuted. There are well documented cases of persecution of ethnic minorities in the Montenegro area.

I am from China and I would like to apply asylum. I was persecuted because I had two children. Can you help?

Simply having two children and being Chinese will not result in an asylum approval. However, if you are able to show real persecution because you had two children, such as losing your job, being arrested or fined then you definitely have a case.

My asylum was approved in 2007 and I want to travel. My old passport is still valid but I heard I shouldn’t use it. If I don’t use the passport, how can I travel?

Definitely do not travel on your old passport. Using the passport may cause your asylee status to be revoked and you may be unable to obtain permanent residency or US citizenship when you are otherwise able to apply. The USCIS offers a refugee travel document which may be used in place of a passport for asylee travel. Be sure to obtain the document before traveling and do not return to your home country.

Political Asylum – Part III

Spotlight: Syria

In the third part of our asylum series, we will discuss previous asylum claims made by Syrian nationals.  This discussion should help you determine if asylum is a possibility for you

This asylum post will cover asylum applications where the applicant is of Syrian origin.

Political Asylum Requirements

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group may obtain asylum.

Examples of Successful US Asylum Cases Made by Syrian Nationals

• A Syrian national in the US who attended protest rallies in the United States;
• A Syrian national who is a member of democratic organizations;
• A Syrian male who is a Christian; and
• A Syrian female whose husband was killed by the Syrian government during a protest.

We can help you win your asylum claim and obtain permanent residency (green card) in the US

Many Syrian nationals have credible fear of persecution in Syria that can lead to an asylum approval.  However, most asylum cases are denied due to applicants failure to articulate their fear and document events that have led to that fear.  We have successfully helped many Syrian clients and we are familiar with many circumstances that can lead to a successful asylum claim.  In our experience, most asylum applications are adjudicated in 1-2 months.  It is best, but not mandatory, to file your asylum application within the first 12 months of your entry to the US and while you have a valid immigration status such as a visitor or work visa.   We understand the fear and the pain you’re going through and we’ll make sure that your asylum process is as painless as possible.

Political Asylum – Part II

Spotlight: Nigeria

In the second part of our asylum series, we will discuss previous asylum claims made by Nigerian nationals.  This discussion should help you determine if asylum is a possibility for you

This asylum post will cover asylum applications where the applicant is of Nigerian origin.

Political Asylum Requirements

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group may obtain asylum.

Examples of Successful US Asylum Cases Made by Nigerian Nationals

• A female tribal member who was forced to undergo female genital mutilation (FGM) by her boyfriend’s family;
• A Christian male who was infected with HIV and committed several felonies in the US who faced persecution in Nigeria based on his HIV positive status and felony convictions due to Nigerian law “Decree 33”;
• A mother with two US citizen daughters demonstrated that more than 60% of women are subjected to female genital mutilation; and
• A political protester involved in the Free Nigeria Movement was arrested multiple times by the Nigerian police.

We can help you win your asylum claim and obtain permanent residency (green card) in the US

Many Nigerian nationals have credible fear of persecution in India that can lead to an asylum approval.  However, most asylum cases are denied due to applicants failure to articulate their fear and document events that have led to that fear.  We have successfully helped many Nigerian clients and we are familiar with many circumstances that can lead to a successful asylum claim.  In our experience, most asylum applications are adjudicated in 3-6 months.  It is best, but not mandatory, to file your asylum application within the first 12 months of your entry to the US and while you have a valid immigration status such as a visitor or work visa.   We understand the fear and the pain you’re going through and we’ll make sure that your asylum process is as painless as possible.

Political Asylum – Part I

Spotlight: India

I’m going to introduce a new segment to my blog readers.  Many current and potential clients contact me or my office to discuss whether or not they have a legitimate claim to asylum in the United States.  I am going to start a series on this blog to discuss previous asylum applications and the applicant’s country of origin so you can use these posts to help yourself determine if asylum is a possibility for you

This asylum post will cover asylum applications where the applicant is of Indian origin.

Political Asylum Requirements

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group may obtain asylum.

Examples of Successful US Asylum Cases Made by Indian Nationals

• A married women who contracted HIV and fears her family will disown her or force her to get a divorce;
• A couple who had an interfaith marriage, Hindu and Sikh;
• Tamil males between the ages of 15 and 45;
• A son whose father made a political speech which resulted in the father being beat up by the Bhindrawala Tiger Force (BTF); and
• A Sikh man accused of supporting Sikh separatists and beaten and arrested by the Indian police.

We can help you win your asylum claim and obtain permanent residency (green card) in the US

Many Indian nationals have credible fear of persecution in India that can lead to an asylum approval.  However, most asylum cases are denied due to applicants failure to articulate their fear and document events that have led to that fear.  We have successfully helped many Indian clients and we are familiar with many circumstances that can lead to a successful asylum claim.  In our experience, most asylum applications are adjudicated in 3-6 months.  It is best, but not mandatory, to file your asylum application within the first 12 months of your entry to the US and while you have a valid immigration status such as a visitor or work visa.   We understand the fear and the pain you’re going through and we’ll make sure that your asylum process is as painless as possible.