Difficulties Achieving U.S. Political Asylum
How Many Applicants are Granted Asylum?
Only about one-fifth of aliens who apply for
political asylum in United States each year are granted this temporary legal protection. While anyone can ask for asylum once they are in this country, not everyone is eligible to receive it.
Those who want to live in America, either temporarily or permanently, should know the conditions that might prevent them from achieving political asylum. In addition, applicants should be realistic about their chances of approval versus denial, as based on annual statistics. However, every applicant for asylum has rights under the law. An
immigration attorney can help to secure them.
While a limited number of political refugees who apply for residency are accepted, based on annual determinations by the government, there is no quota on asylum application acceptances.
Officers and judges can approve as many cases as they deem worthy, according to their interpretation of this area of immigration law. Attorneys who practice in this area understand what judges seek and are well equipped to guide asylees in realizing those needs.
Asylum Seekers’ Rights
Because of the nature of imperative flight from danger in an individual’s home country, their primary right in seeking asylum is the right to inhabit this country, albeit on a temporary basis. The timeline for political asylum cases is set with this in mind.
Therefore, the next applicant right regards speedy consideration. As soon as an alien files an application, processing begins. A personal interview is guaranteed in 60 days or less. A decision is delivered within another 14 days.
Because aliens are not eligible to work in this country while their asylum status is pending, it is in their best interests to apply as soon as possible.
Immigration attorneys are experienced in meeting deadlines, understanding the requirements and hastening the process.
Since immigration law is complicated, it is important to speak with an
immigration attorney who specializes in US immigration law before making any hasty decisions. Whether you are a student, professional, or a potential immigrant, Whocanisue.com can help you find an experienced
immigration attorney to help you in the process of obtaining the correct travel, study, immigration or work visa.
How the U.S. Can Close Political Asylum Cases
The rights of prospective asylees can be revoked and their applications denied in certain instances outlined by the U.S. government. Rights entail responsibilities in America, and when these are not fulfilled, the offer of political protection is rescinded.
Political asylum cases are considered by U.S. Citizenship and Immigration Services (USCIS). Officers and judges first determine whether individuals have truly fled their countries due to specific forms of persecution or logical fears of harm. They check backgrounds for criminal histories and ties to organizations that are at odds with the American political system.
Untruths on an application are grounds for immediate denial. False representation of identity or the discovery of preexisting criminal records can also nullify a bid for political asylum. Violating U.S. laws is another serious strike against an applicant. However, the failure to meet simple bureaucratic criteria can also damage or close a case.
An asylum application can be thrown out because:
- The form was filed later than 1 year after the applicant arrived in the U.S.
- The applicant was late without an excuse for fingerprinting or interviewing.
- The home country’s political administration changed, removing the applicant from danger.
- The applicant committed a serious crime while in the U.S.
How Applicants Can Damage Their Cases
Consistency of information proves that applicants’ intentions are likely truthful. Applicants whose testimony at the interview differs from or negates the information sworn to on the application, will become suspect to the USCIS.
Because USCIS judges must grant asylum based on law and not on subjective feelings about an individual, a preponderance of evidence against the applicant may override other eligibility for asylum.
Another way to lose the right to asylum is through extensive or unauthorized travel to other countries. Welcome from a third country means that the applicant could possibly receive shelter and asylum elsewhere, contradicting the applicant’s bid for U.S. asylum.
It is important to speak with an
immigration attorney who specializes in USA visas and
immigration law before starting the process of applying for a U.S. immigration visa.
Whocanisue.com can help you find experienced
legal counsel in your area to assist you with immigration laws, how to apply for a visa, and should you apply, and what to expect during the application process. Complete our short questionnaire to get started!