Political Asylum
What is political asylum and how does a person qualify?
What is political asylum and how does a person qualify?
Applicants have the burden of proving that they are eligible for asylum. To satisfy this burden, they must show that they have a well-founded fear of persecution in their home country on account of either race, religion, nationality, political opinion, or membership in a particular social group.
U.S. Asylum For Asylees And Refugees
The idea of offering asylum — or protection — to people who are being persecuted is ingrained in the moral codes of almost every civilization. For decades, people from around the world have sought refuge in the United States from atrocities being committed against them by their own governments.
The United States is a party to the United Nations Convention Against Torture (CAT). Additionally, the U.S. has its own laws to determine eligibility for asylum and the rights and benefits to which someone is entitled.
Who Is Eligible For Asylum?
Asylum applicants must show that they fear persecution based upon one of the following: race, ethnicity, religion, nationality, political affiliation or membership in a targeted social group. The applicant must also prove that the government is involved in the persecution, or is unable to offer adequate protection.
An asylee is someone who applies for asylum at the U.S. border, with USCIS (this is called "affirmative asylum") or in removal proceedings (called "asylum in removal"). A refugee is someone who is stateless and perhaps living in a refugee camp in a third country. A refugee applies for refugee status and permission to enter the U.S. from outside of the U.S. In both cases, the applicant is in need of haven from persecution.
If a person is a convicted felon, he or she is usually subject to deportation. If we can prove that the person will be subject to persecution upon his or her return, it may be possible to have the removal withheld.
Providing Testimony To Secure Safety And Protection
Unfortunately, there have been people who have filed fraudulent and fictitious applications for asylum. Therefore, USCIS is extremely thorough in investigating the claims you make about your past persecution.
Asylum applications, to either USCIS or the immigration judge, must be extremely well-documented with independent information about the conditions in your home country and personal statements from you and/or other witnesses. Our experienced immigration lawyers can determine which evidence you will need to prove your case.
At Saenz-Rodriguez & Associates, we take the time to get to know our clients. We listen to their stories. Our clients benefit from our thorough understanding of how to obtain persuasive and accurate testimony that a judge or asylum officer will accept as believable. Over the past two decades, we have developed an exceptional and empathetic network of professionals in Texas to whom we turn when it is necessary to record your personal story.
