Political asylum is, in the current scenario, a right that can even save the lives of people displaced by the threats posed by their countries of origin.
United Statess has a history of welcoming immigrants and citizens from all over the world who were in danger, and welcoming them to offer opportunities.
If you find yourself in a dangerous or unfavorable situation, we will show you what the requirements to request political asylum in the United States.
Requirements to request political asylum in the United States
The Citizenship and Immigration Service of the USA is the agency, part of the Department of Homeland Security USA, in charge of supervising legal immigration to the northern country. Its main headquarters are in Washington DC.
The Law of USA states that political asylum is only granted to non-US persons who are physically in the country. At the same time, they must comply with the rest of requirements to request political asylum in the United States.
When a person enters the USA and asks for protection, and consequently, the permission of the State to remain in the country, it is important that their fear of remaining in the country of origin is justified.
Therefore, one of the main and the most important of the requirements to request political asylum in the United States It is to be able to show that your life is in danger in the country you come from.
The evidence that allows proving the persecution that you may be suffering is made up of the following elements:
- A medical history that certifies the conditions in which you find yourself and the reason for the circumstances, in case you have suffered a physical assault.
- Complaints that you have filed with the legislative body of the country of origin.
- The documents of the preliminary investigation carried out by the authorities of your country.
- Samples of magazines, newspapers or news items that have recorded your status as a victim of specific discrimination or persecution.
- Videos of newscasts that have filmed and recorded the actions taken against you.
- Your affiliation with a religious, ethnic, political, or cultural group.
- The documentation that proves your relationship with said group, recognized both nationally and internationally.
Requirements for the affirmative process
The requirements to request political asylum in the United States and go through the affirmative process are as shown below:
- Be present in the USA for the time of application. You can apply for asylum at a port of entry or at the border, regardless of your legal status or the circumstances of your entry into the country.
- Present the documentation requested by the Citizenship and Immigration Service mentioned above.
- If you have direct or immediate relatives, you have the possibility of including them in your petition. Therefore, they will need to introduce themselves to you at scheduled interviews.
- If you did not request political asylum immediately after entering the country, you still have a period of one year to do so. In case you pass the time limit, but in the country of origin there is a change of regime that means a danger for you, you will still have the opportunity to request asylum.
If you receive and approve the requirements to request political asylum in the United States, you can get various benefits. These may include:
- Work and live legally, with the permits that correspond to your activities.
- The assignment of a social security number.
- Get a driver’s license.
- Certain social health benefits, such as Medicaid and others.
The affirmative process It is a general regulation that establishes that a somewhat long period of time must be expected to fill out the forms and gather the evidence and arguments that serve for the asylum to be approved. To complete it, the following procedure must be followed:
- Complete immigration form 586, which has this use.
- Once you have delivered the document, it is sent as a letter to the Secretariat of Citizenship and Immigration. In this way, the opening of your case is notified and it is identified with a file name.
- In response, you are sent a letter of convocation to a Applications Support Center.
- By attending the office, fingerprints, facial recognition, signature, handwriting and other biometric data are taken.
- In case of applying for political asylum with your spouse or unmarried children under 21 yearsThey must accompany you to the appointment and other scheduled interviews.
- Complete the primary evaluation, you will be summoned again to have an interview with an official from the Secretariat of Citizenship and Immigration. We recommend that you be accompanied by a lawyer, so that you ensure consistency with the first letter for the asylum application and do not win over your nerves or doubts.
- If there are witnesses who can support your case, it is convenient that they accompany you. They must carry with them the documentation that supports you and the original and a copy translated into English of their identity documents.
- After the interview, the officer must reach a conclusion, which is regulated that must be supervised by a superior.
- Finally, the Secretariat for Citizenship and Immigration will be in charge of communicating the decision.
- You finished! Once the decision is made, you must attend the office again or a letter will be sent informing you of the response We wish you the best!
Requirements for the defensive process
The requirements to request political asylum in the United States for the effects of defensive process are to have gone through any of the situations described here:
- If the Secretariat of Citizenship and Immigration denies the affirmative request for political asylum to a person who does not yet have legal status. This case must be brought before an immigration court for a judge to render a sentence.
- When a person without legal or undocumented status is detained within the country.
- In the event that a non-US citizen is found attempting to cross the border illegally and is considered political asylum at the time of being caught. For the purposes of this situation, it must be determined that there is a real unfounded fear of the persecution that would suffer from returning to the country of origin.
On this link We leave you the information regarding the usual delay times in each court according to the state in which you are and also the nationality of the applicant.
For cases in which a hearing with a judge is requested, the asylum application must first have been denied by the office or official of the Secretariat of Citizenship and Immigration. It will be the court judge who decides whether to appeal or deny the petition.
The defensive process It is mainly requested when the applicant for political asylum has an open procedure of deportation or immediate expulsion of the USA. This circumstance can occur in any of the three cases that we already mentioned.
Yes, despite the continued appeal of the defensive process, asylum is not granted, the citizen will be forced to leave the country immediately. The only way to avoid that is to get a stay of the deportation order or other protection, mainly under the anti-torture agreement.
Causes to request political asylum in the United States
The causes for requesting political asylum in the United States there are as many as there are cases. Refugees must fear for their lives, suffer persecution in their countries of origin and be able to substantiate acts that threaten their integrity in order to request asylum in USA.
The persecution for which you can be granted political asylum must have a reason in terms of:
- Race or ethnicity.
- Being part of a particular social group, such as the LGBT community.
If none of the above are presented causes for requesting political asylum in the United States, there are several options for refugees to emigrate, such as:
Types of political asylum
The types of political asylum They are made up of those already mentioned above:
- The affirmative process, in which the decision regarding the possibility of asylum is left in the hands of the Citizenship and Immigration Service.
- Or the defensive, when you must go to court and a judge to examine the case.
In both cases, it is very important that you have help and legal advice, so that you avoid inconveniences.
Reasons why I can be denied political asylum
Some reasons why you may be denied political asylum in the United States are as follows:
- That you do not have sufficient proof and evidence to show that there is a fear due to a credible risk in your country of origin.
- Have committed serious crimes.
- Being considered a danger to the safety of the citizens of USA.
- If you lived in a stable way in a thirteenth country prior to entering the USA.
- Going over the one-year period allowed to apply for political asylum without presenting valid reasons.
- When a judicial court denies the request.
What to do if I am denied political asylum
If you are denied political asylum, you have two options from which to proceed:
- If you have a visa or other type of legal status within the country, you will have to continue your activities through it.
- And if you do not have the mentioned legal status, you will be contacted by an immigration court. This will seek to open a deportation process, where you can appeal through the defensive process complying with the requirements to request political asylum in the United States.
There are as many causes for requesting political asylum as there are people displaced by violence, poverty and other misfortunes from their countries of origin. For all those who are part of the ranks of the less fortunate, USA It has a selection system that allows many immigrants to build a new life within the country.
If you want to opt for this opportunity, make sure you comply with the requirements to request political asylum in the United States.
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