The term POLITICAL ASYLUM technically refers to people who fear persecution based on political beliefs. However, asylum can be granted for a broader range of reasons, including that the person faces persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
The better option is to file an affirmative asylum application, using USCIS Form I-589. You must submit this form within one year of your entry to the United States — or at the latest, one year after your visa status ends. (See an attorney if you’re thinking of applying for asylum and that date has passed — some exceptions apply, for example
if the situation within your country changed after the one-year mark.)
You may apply for asylum regardless of your current immigration status. In other words, unlike in other categories of immigration benefits, it will not matter that you entered the U.S. illegally or are living there illegally now.
After submitting your I-589 application for asylum, with supporting documents, the application will be processed and two months later, you will be requested to attend an interview with an Asylum Officer. The Asylum Officer will review your case and ask numerous questions, designed to both test your credibility (whether you’re telling the truth) and whether you truly deserve asylum. It will be necessary for you to answer these questions truthfully and openly about any persecution or abuse suffered. The job of the Asylum Officer is listen to the facts surrounding your petition, and decide whether to approve asylum within the United States.
If the Asylum Officer does not approve your case, and you do not appear to have valid legal status in the U.S., the officer will refer it to an immigration judge. If you are here legally, the Asylum Officer will grant you time in which to provide additional information before the application is denied.
If You’re Picked Up By Immigration Authorities Before You Have a Chance to Apply
You might never get the chance to submit an affirmative asylum application if the immigration authorities arrest you first. In that case, you will likely be placed in removal proceedings, and have a hearing before an immigration judge. You can submit your application for asylum to the court at that time.
After Asylum is Granted
If asylum is granted, you will need to remain within the United States for one year before you can apply for permanent residency (a green card).
If you are not sure about the procedure and wish to increase your chances of getting your political asylum case approved CONTACT NYC IMMIGRATION ATTORNEY HUMA KAMGAR FOR AN APPOINTMENT TODAY!
HUMA KAMGAR, ESQ.,
305 BROADWAY, 14TH FLOOR
NEW YORK, NY 10007
CALL NOW FOR AN APPOINTMENT: