Political asylum is protection granted by a state to a person who flees their home country as a political refugee. It allows the person to remain in the United States instead of being deported back to the home country. For an individual to be eligible for asylum protection in the United States, they must establish they are a refugee and cannot return to their country because of the harm they experienced or the fear of being harmed. This is based on religion, race, belonging to a particular social group, or political opinion. You are therefore required to establish the particular reason for your persecution. You must file for asylum within one upon entry into the United States.
You can apply for political asylum using the USCIS 1-589 application form if you have a valid United States visa. This is through the affirmative asylum process. However, if you are not in the United States and do not have a valid visa, you can claim asylum at the port through the defensive asylum process. The application process typically starts with the USCIS and ends in court, where the decision is made.
According to the immigration law, prosecution is severe targeted mistreatment that covers a wide range of harms and acts that are very severe. The prosecution must be inflicted by your government or a group that your government cannot offer protection from. Some forms of persecution include:
There are other forms of discrimination, such as being denied a passport being denied access to education or health services. It can also involve being forced to work for governmental or non-governmental organizations. Threats to harm are also considered if the harm can cause physical and emotional damage.
Once the asylum petition is filed, it may take months or even years to be reviewed, but since 2018 the process has taken a shorter time. It now takes approximately five months for the application to be reviewed after being filled. Meanwhile, you can apply for a permit to work in the United States and may remain in the U.S. while your application is being processed.
After one to three months after your application, the USCIS will reach out to you for an interview. The immigration officer will ascertain if your claim is legitimate during the interview. If there is any uncertainty with your claim, it will be referred to court, but you will be granted asylum if the officer is satisfied. Therefore, it is essential to have an experienced attorney in asylum cases to represent you during the proceedings.
The defensive asylum application is quite complex since the applicant is outside the country or is unlawfully present in the United States. The applicant will be detained for a short period and is officially in removal proceedings. Due to the complexities involved in the application process, it is crucial to have an experienced and competent immigration lawyer to represent during the proceedings. The defensive asylum application does not include the USCIS phase and is solely made in court. Contact our immigration lawyers to book a consultation where your case will be reviewed in detail before filing for asylum.
Denial of Asylum
Suppose you are unsuccessful in your petition and are not granted asylum. In that case, the department of homeland security will ensure you are removed from the United States using the information you provided during the application. You will then be ordered to leave the United States if you are removable; you and your family must exit the country. You may be denied re-entry into the United States for a specified period in some instances.
Approval of an Asylum Application
If your asylum petition is granted, you and your family, i.e., your spouse and children, will be allowed to stay in the United States. Your family members can apply for work authorization and will eventually apply to be lawful permanent residents—you and your family will become green card holders and can work and live in any part of the country.
If you are thinking of applying for asylum in the United States or have already filed your asylum protection, you require the services of an asylum lawyer. The Law Offices of Nomani and Nomaniare qualified to help you achieve an approved asylum petition. Our asylum attorneys have represented numerous asylum seekers who successfully get asylum in the United States. We charge very reasonable attorney fees, and the government does not charge any fees to applicants. We will ensure you have an in-depth understanding of the process and determine whether your petition for asylum in the U.S. may be granted. If you are eligible, we will develop a strategy for application based on your situation. We target Houston, Missouri City, Stafford, Sugar land, Bellaire, and surrounding Texas communities.Visit our website for more information, or call us at (713) 789-7500 for a consultation with our team of legal experts to learn how we can help you.
We understand that each individual's needs are unique, so we offer various services to meet your specific needs. We will work with you to create a plan that fits your unique situation, and we will help you update your plan as your life changes.
If you need legal assistance for your immigration, estate planning, or family law needs, you can trust the Law Offices of Nomani and Nomani provide you with the highest quality of care. We proudly serve clients in Houston, TX, targeting Houston, Missouri City, Stafford, Sugar Land, Bellaire, and the other surrounding Texas communities. We’re committed to providing them with the best possible legal representation. Visit our website for more information, or call us at (713) 789-7500 to learn more about how we can help you.