Immigration to the United States has been a significant part of the country's history for centuries, with people from all over the world seeking refuge, freedom, and a better life. While the United States has a long history of accepting immigrants, the process of obtaining political asylum can be complex and challenging. In this article, we will explore how political asylum in the United States works in terms of immigration.
According to the United Nations, a refugee is someone who has fled their home country and cannot return because they have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. A person who seeks asylum is someone who is already in the United States and fears persecution if they return to their home country.
Political asylum is a legal process that allows people who are fleeing persecution in their home country to stay in the United States. Asylum seekers must meet specific eligibility criteria under U.S. law. They must demonstrate that they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.
To apply for asylum, an individual must submit an Application for Asylum and Withholding of Removal, to the U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival in the United States. The application must include detailed information about the persecution the person is facing in their home country. The asylum seeker will also have to provide supporting documents such as police reports, medical records, and other evidence that supports their claim.
After submitting the application, the asylum seeker will be scheduled for an interview with a USCIS asylum officer. During the interview, the asylum seeker will be asked questions about their application and their fear of persecution. The asylum officer will then make a decision on the application based on the information provided during the interview and any additional evidence submitted.
If the USCIS asylum officer denies the application, the applicant may request a review of the decision by an immigration judge. The applicant may also be placed in removal proceedings if they are not in lawful immigration status. If the immigration judge also denies the application, the applicant may appeal the decision to the Board of Immigration Appeals (BIA) and ultimately to the federal courts.
However, obtaining political asylum in the United States is not an easy task. As of November 2022, the immigration court system showed a backlog of 787,882 cases, according to TracImmigration[1]. This backlog has led to significant delays in processing asylum claims, leaving many asylum seekers in legal limbo for years. Furthermore, asylum seekers have no legal right to an attorney[1]. In 2022, fewer than 1 in 10 asylum-seekers had representation. This means that people without lawyers are far less likely to be granted asylum than those who have legal representation.
According to advocates, asylum seekers face many other challenges in obtaining asylum in the United States. "The system is biased against asylum seekers, especially those from Black and Brown countries," said Danilo Zak, policy and advocacy director at the National Immigration Forum.
What Are The Requirements for Political Asylum? Who is a Candidate?
Political asylum is a form of protection that is granted to individuals who have fled their home country due to persecution or fear of persecution based on their political beliefs, religion, race, nationality, or membership in a particular social group. The United States has a long history of providing refuge to those in need, and the process for seeking political asylum can be complex and difficult to navigate. In this article, we will examine the different types of political asylum available in the United States and the criteria for qualifying, as well as the current political climate and its impact on the asylum process.
First, it is important to understand that there are two types of political asylum in the United States: affirmative asylum and defensive asylum. Affirmative asylum is granted to individuals who are already in the United States and apply for asylum before being placed in removal proceedings. Defensive asylum, on the other hand, is sought by individuals who are in removal proceedings and use asylum as a defense against deportation.
To qualify for political asylum, an individual must meet the definition of a refugee, which is outlined in the Immigration and Nationality Act (INA). The definition includes anyone who is outside their home country and unable or unwilling to return due to a well-founded fear of persecution based on one of the five protected grounds. It is important to note that persecution can come from the government, non-governmental actors, or a combination of both.
According to the United States Citizenship and Immigration Services (USCIS), in order to be eligible for asylum, the individual must file the application within one year of their last arrival in the United States, unless they can show extraordinary circumstances that prevented them from filing on time. Additionally, they must not have been convicted of a serious crime or pose a threat to national security.
The political climate in the United States has a significant impact on the asylum process. During the Trump administration, the number of asylum applications fell dramatically, and the approval rate for asylum cases also declined. President Biden has promised to reverse many of the policies put in place by the previous administration and has pledged to restore the United States' commitment to asylum seekers and refugees [1].
It is also important to note that political asylum in the United States can be a lengthy and complex process, with a significant backlog of cases. As of November 2022, there were over 787,000 pending cases in the immigration court system [2]. In addition, asylum-seekers do not have a legal right to an attorney, and in 2022, fewer than 1 in 10 asylum-seekers had representation. People with lawyers are far more likely to be granted asylum than those who try to represent themselves [2].
In conclusion, political asylum in the United States is a vital form of protection for individuals who have fled their home country due to persecution or fear of persecution based on their political beliefs, religion, race, nationality, or membership in a particular social group. There are two types of political asylum: affirmative asylum and defensive asylum. To qualify, an individual must meet the definition of a refugee as outlined in the INA. The political climate in the United States has a significant impact on the asylum process, and it can be a lengthy and complex process with a significant backlog of cases. It is important for those seeking asylum to seek legal representation and to understand their rights and responsibilities in the process.
Pollack and Pollack Law is a reputable immigration law firm that provides exceptional legal representation to clients seeking political asylum in the United States. They have a solid reputation as a top-rated law firm in Orlando, Florida, and have helped individuals from all walks of life navigate the complex immigration process and achieve their goals. One of the unique advantages of working with Pollack and Pollack Law is their team of multilingual attorneys who can communicate with clients in various languages, including Russian and Ukrainian. This makes it easier for clients who speak these languages to access high-quality legal services for their political asylum cases.
The attorneys at Pollack and Pollack Law have in-depth knowledge of the immigration laws and regulations governing the United States, and they are highly skilled in handling all types of immigration cases, including asylum. They have a deep understanding of the complexities and challenges that come with seeking political asylum in the United States, and they are committed to providing personalized legal advice and representation to each client.
Pollack and Pollack Law takes a personalized approach to each asylum case, working closely with clients to understand their unique needs and concerns and develop a tailored legal strategy to achieve their goals. They provide transparent and honest legal advice and keep clients informed throughout the process.
With a proven track record of success in helping clients achieve their immigration objectives, Pollack and Pollack Law is the ideal choice for anyone seeking top-quality legal representation for their political asylum case. Contact them today to schedule a consultation and take the first step towards achieving your asylum goals.
NEED AN IMMIGRATION ATTORNEY FOR POLITICAL ASYLUM HELP?