Immigration To The U.S. Through Political Asylum

Immigration-to-US The privilege of granting people seeking political asylum is one of the most debated topics among immigration processes that require careful study not only by the state where the asylum seekers wish to settle but also by the national government which ensure that every individual coming from other country should be clean.

When an individual is considered a political asylee, he or she can be a person who is undergoing persecution in his or her own country that forces him to request to another country for asylum. Therefore, the uneventful case that the asylee is in could be a case of severe political consequence that eventually put his life at risk.

In understanding the concept of political asylum, the case of a political asylee is almost the same as of that of a refugee. Only, they differ on the place where they have appealed for asylum. To be specific, a refugee usually asks for an asylum while living outside the United States while a political asylee usually is already in the states to avoid persecution and filed for asylum to make his stay legal.

On the other hand, it is mandatory that both the political asylee and the refugee must meet the requirements written under the Refugee Act of 1980. This Act is governed by refugee proceedings. If the asylum seeker fails to meet the requirements, there can be failure for the asylum request. However, if ever the individual will be granted the political asylum, he must stay for one year in the U.S. after the grant so he can apply for adjustment and can become a permanent resident of the United States.

The thing is, there is no limit on the number of political asyleees seeking asylum in the U.S. although under the Immigration Act of 1990, the ceiling was limited to 10,000 per year starting in 1991.

Procedures in Filing Application for Political Asylum

If you are seeking for an asylum right in the U.S., it is important that you know the procedures to make your stay as legal as possible. Here are the things you should do.

    • Complete the USCIS Form I-589 (Application for Asylum and for Withholding of Removal).
    • Send the USCIS form to the USCIS Service Center which covers your place of residence. You can also find more instructions at the back of the form. However, if you have already attended the proceedings in an immigration court you can also file the form right there.
    • While your case is being reviewed and you need to travel outside the U.S. you must ask for advance permission from the asylum court which is called Advance Parole. If not, you may not get the permission to go back to the U.S. once you leave the country.
    • Once your application for asylum gets approved and you want to travel, you must also apply for Refugee Travel Document.

So remember that when you arrive to any of the territories of the U.S., you must also do the following:

    • Must file for asylum permit right at the port of entry. It could be at the airport, border point or seaport.
    • Must file application for asylum within a year right after your arrival in the U.S.
    • You must also request for extension of filing duration if the condition in your country has not settled or if there is an event that has prevented you from filing asylum after your arrival.

After you have applied for asylum you will be notified to appear in asylum court and the asylum judge will hear your case and decide upon it. You will also expect that an asylum officer will interview you extensively to know if you are really eligible for asylum. Remember that the officers can grant or deny your request for asylum.

If you will not be eligible for asylum, you will be sent a notice which explains the denial of your request but you will still be given the chance to explain your case with the asylum judge. If you fail in this aspect, unfortunately, you will be considered automatically an illegal immigrant and the asylum officer will refer your case to an immigration judge. It is now at the hands of the immigration judge to consider you a valid or a non-valid immigrant so the worst case scenario is deportation.

You must also know that while you are an applicant for asylum, you are not permitted to work. So you must wait for 150 days for the go signal coming from the USCIS. If everything goes well, the USCIS will provide you employment authorization permit.

Advantages of Acquiring Political Asylum

Political-AsylumThere are a lot of advantages you can have for you and your family if ever you will be granted a political asylum. First, you can help secure your children’s future once you get your legal citizenship. You can even petition your family right after you get your green card. Second, you will be given the protection by the government much like any American. You can be free from persecution and live as a free individual.  And lastly, you can start a new life and will get the privilege the same as a legal citizen of America deserves.

In essence, the United States strongly recognize that immigrants regardless of their status (even illegal ones and political asylees) have their rights to be treated fairly. This country always follow a solid commitment to human rights that is why it wants other countries to follow its example of granting asylums to those who need it. So even the non-citizens of the United States who have fears of losing their human rights are greatly considered just to let them live like any free human being.

If you think you are qualified for political asylum and want to be a legal immigrant, seek the help of an American asylum attorney who knows about the rules and policies on the aspect of political asylum. He or she can examine your situation and if you are qualified to be a legal immigrant under the ruling of political asylum you will be advised and assisted properly.