Political asylum is a form of protection that is granted to foreign nationals who have been persecuted or fear persecution in their home country on the basis of their political beliefs, race, religion, nationality, or membership in a particular social group. This protection is granted to them in the United States if they are unable or unwilling to return to their home country due to the fear of persecution.
To be eligible for political asylum in the US, an individual must demonstrate that they meet the definition of a refugee, which is defined by the Immigration and Nationality Act (INA). They must also prove that they are unable or unwilling to return to their home country because of persecution or fear of persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group.
To apply for political asylum in the US, an individual must file an application with the US Citizenship and Immigration Services (USCIS) within one year of their arrival in the US. The application process can be complex and challenging, and it is often advisable to seek the assistance of an immigration attorney.
If an individual’s application for political asylum is approved, they will be granted legal status in the US and may be eligible to apply for permanent residency (green card) after one year. However, if the application is denied, the individual may be subject to removal (deportation) from the US.
There are two main types of political asylum in the US: affirmative asylum and defensive asylum.
Affirmative asylum is when an individual who is not in removal proceedings applies for asylum with the USCIS.
Defensive asylum is when an individual who is already in removal proceedings applies for asylum as a defense against deportation. This can occur during a hearing before an immigration judge or during an appeal to the Board of Immigration Appeals.
Sure, I’d be happy to provide more information on the two types of political asylum in the US.
Affirmative Asylum:
Affirmative asylum is when an individual who is not in removal proceedings applies for asylum with the US Citizenship and Immigration Services (USCIS). This can be done by filing a Form I-589, Application for Asylum and for Withholding of Removal, with the USCIS within one year of arriving in the US.
The USCIS will then conduct an interview with the applicant to determine if they meet the definition of a refugee and if they are eligible for asylum. If the application is approved, the individual will be granted asylum status and can apply for a work permit. If the application is denied, the individual can request a hearing before an immigration judge.
Defensive Asylum:
Defensive asylum is when an individual who is already in removal proceedings applies for asylum as a defense against deportation. This can occur during a hearing before an immigration judge or during an appeal to the Board of Immigration Appeals.
To apply for defensive asylum, an individual must show that they meet the definition of a refugee and that they are unable or unwilling to return to their home country due to the fear of persecution. They must also demonstrate that they filed the application for asylum within one year of their arrival in the US, or that they meet certain exceptions to the one-year filing deadline.
If the immigration judge approves the application for asylum, the individual will be granted asylum status and can apply for a work permit. If the application is denied, the individual may be subject to removal (deportation) from the US.
Overall, the process of seeking political asylum in the US can be complex and challenging. It is important to seek the assistance of an experienced immigration attorney to navigate the process and increase the chances of a successful outcome.
More information can be obtained by visiting https://www.political-asylumusa.com/