Political asylum is when you request a visa to stay in the United States because you fear being persecuted for your political beliefs if you return to your home country. Many people in regions of political instability, conflict, or domestic unrest may face persecution. The United States political asylum laws provide people a pathway to ask for permission to stay in the U.S. if they are afraid of persecution.
Getachew & Ansari Immigration Attorneys, P.C. partners with immigrants to help them with their asylum claims. We understand what it is like to navigate the United States immigration process, which is a system that can change frequently. We stay updated on the latest legal developments so we can provide effective legal services to our clients.
Introduction to Political Asylum
Under United States asylum laws, people can request a visa to live in the United States lawfully if they are physically in the U.S. and cannot return to their country because of a credible fear of persecution. U.S. immigration laws allow people to claim asylum based on persecution based on one or more categories. These categories include political or religious beliefs, race or nationality, or membership in a social group.
If someone has experienced harm, threats of harm, or fears being harmed because of their political belief, they may come to the United States and file an asylum claim on this basis. The United States has different rules for applying for asylum when someone is already in the United States or when they are in another country. Additionally, someone who faces a removal proceeding can claim asylum as a defense against the removal charges.
What Constitutes Persecution for Political Asylum?
Before someone can apply, they need to understand the political asylum meaning and how persecution plays a role in this. Political asylum is where you ask the United States government for permission to stay in the U.S. because you have a legitimate fear that you will be persecuted because of your political beliefs.
Persecution based on your political ideology may involve actions like threats, observed politically motivated harm to neighbors who share your beliefs, or physical violence. The idea is that the persecution you worry about is based on your political opinions and is based on evidence.
Eligibility Criteria for Political Asylum
To qualify for political asylum, you need to meet the eligibility criteria based on the type of asylum you are applying for. For example, to seek affirmative asylum, you cannot be part of removal proceedings, should be in the United States, and should have arrived in the U.S. one year or less ago. Additionally, you should not have anything on your criminal record that prohibits you from immigrating to the United States. You must also submit the proper forms and supporting documents, including a copy of your birth certificate, passport (if applicable), recent photographs, and descriptions of your concerns.
The Application Process for Political Asylum
The first step in getting political asylum is to file the appropriate government-issued form. The form you file depends on what kind of asylum you are applying for. For example, some people seeking affirmative asylum would submit Form I-589. People claiming political asylum to defend themselves against a removal charge would follow a different process.
You must also turn in evidence and documents to prove who you are, your purpose for living in the United States, and the basis of your political persecution fears. The United States government may also ask you to participate in an interview, be examined by an authorized medical practitioner, and see an immigration therapist. After the U.S. government has everything it needs, it will issue a decision on your asylum claim.
Proving Political Persecution in an Asylum Case
You can strengthen your political asylum case in many different ways. One way is to see an immigration psychologist who can research your country’s political climate and talk to you about your lived experiences. They can also make notes about the symptoms you have, such as increased anxiety or stress, trouble sleeping, mood swings, or depression because of your fears of persecution. You can also follow all the appropriate deadlines the government gives you to submit forms or attend appointments like your asylum interview.
The Role of Country Reports in Political Asylum Cases
Another way to support your asylum case is to send a country report. The United States Department of State has prepared these reports for different countries over the years. These reports discuss how countries handle different human rights issues, including political persecution. If you or your attorney has a country report that would help your case, you can send this to the United States government to help support your asylum claim.
Challenges in Political Asylum Claims
Political asylum claims can come with many challenges. For example, applicants may have difficulty locating the official forms and documents they must send to the United States government. Applicants may also be unclear about how a change in the United States immigration policy affects their asylum case. Additionally, they may not know how to prepare for their credible fear interview. Experienced immigration lawyers can help applicants overcome these challenges.
An Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C. Can Help
If you are wondering what political asylum is, you may want to seek the advice of a qualified immigration lawyer. If you cannot return to your home country because you are afraid of being persecuted because of your political beliefs, you may be able to apply for asylum. A seasoned asylum lawyer can help you complete the appropriate forms and evidence and prepare for the immigration interview.
Getachew & Ansari Immigration Attorneys, P.C. has years of experience helping immigrants through the asylum process. Medya Ansari’s family immigrated to the United States from Iran in 2004, and her family became a victim of family separation because of an unexpected travel ban put into place years later after her father went to Iran. While her family has since been reunited in the United States, the experience inspired Medya to use her legal knowledge and training to help other immigrants. Contact Medya and her team today by dialing 408-292-7995 to set up an initial consultation.