Political Asylum status allows individuals to remain in the U.S. because they could be harmed if they stay in their country of origin. Only certain individuals qualify for asylum. There are several eligibility requirements for asylum. First, the person must be in the U.S. or a port of entry to the U.S. Individuals who are currently overseas need to apply for refugee status—not asylum. In some cases, people undergoing removal proceedings can seek political asylum.
Other requirements relate to the individual’s home country. You are eligible to apply for political asylum if the following is true:
- You experienced, or you expect to experience, persecution in your home country
- The government or an uncontrolled group threatens your safety
- You fear persecution based on your race, religion, political view, nationality, or social group
You do not have asylum status until the government approves your application. However, you may be able to work while you wait for your approval. You can apply for a work permit 180 days after submitting your application. If you try working before you receive a permit or your application is approved, you could lose your chance at asylum.
First, you need to file your application for asylum with the U.S. Citizenship and Immigration Services, or USCIS. The Asylum Office reviews your application and will interview you. During the interview, they will evaluate whether or not you are eligible for asylum.
Typically, it takes a month or two from the time you apply to receive a decision. If the USCIS approves it, you are an asylum. If they deny it, you can go to immigration court to fight the decision. A judge will hear your case and decide the outcome. During the proceedings, a lawyer from the Department of Homeland Security will be there. The process usually takes between six months and two years.
If all goes well, you can obtain asylum status. However, if the Department of Homeland Security appeals the decision to grant you asylum, you can take the matter to the Board of Immigration Appeals.
Whether or not you achieve political asylum depends on your circumstances. The reason for your persecution, your personal history of persecution, and the amount of supporting evidence you have can affect your case.
The Arreaza Law Firm can help you achieve this. Remember the solution to your political asylum case begins here.