Who Can Qualify For Political Asylum

Close to 50,000 people from foreign countries sought political asylum in the United States of America in 2008. Their reasons for doing so varied, but they were all subject to the same eligibility requirements. This egalitarian rule that disregards an individual’s country of origin demonstrates why so many request shelter from political persecution in America. Nearly any alien who wishes asylum is welcome to pursue it.

But a simple wish to be free is not enough to assure asylum, residency and citizenship. Immigration laws, while based on humans’ right to freedom, grant asylum to a measured annual number of applicants whom the state can realistically provide with secure shelter.

The actual legal process may not coincide with aliens’ definitions of or expectations about asylum. For instance, our government does not grant such protection as a means of escape from offensive conflicts or crimes. Protective rights may or may not extend to an alien’s spouse, children or extended family members. These rights can also be revoked under certain circumstances. What does political asylum mean in the U.S.?

The Concept and Practice of Political Asylum

While U.S. immigration laws are complex, the law’s interpretation of what constitutes political asylum is fairly straightforward. The founding principles of freedom from persecution and equality of human rights are at its core. It also recognizes international perceptions of bias in its definition of refugee status. The U.S. accepts as applicants for asylum victims of persecution, or those who rightfully fear it in their own countries, for select reasons.

Criteria include mistreatment due to:

• Political opinion
• Race
• Nationality
• Religion

Members of certain social groups are also eligible if singled out by:

• Sexual orientation
• Gender
• Occupation, etc.

Immigration laws can be complicated and vary according to each applicant’s individual circumstances. It is important to speak with an immigration attorney who specializes in immigration law before submitting your application. Whocanisue.com can help you find an experienced immigration attorney in your area.

 Refugees who apply from outside the U.S. are restricted in number from entry. This cap is fixed each year by the President. Aliens who appeal for protected status inside the U.S. all have a chance at being granted asylum if they meet eligibility criteria, as there is no limit placed, for logistical reasons.

If asylum is granted by an officer or judge, aliens are legally welcome for one year. During this period, they may seek permanent residency. If denied either asylum or residency, failing any appeals, they will be deported. Certain exceptions apply in special situations, such as refugees from torture who do not meet other criteria.

The concept, then, is that the U.S. will accept all those determined to have well-founded reasons worthy of asylum for a period of a year. Furthermore, under the United Nations Convention Against Torture, it agrees not to deport denied individuals to a country where torture awaits them.

The Reality of Achieving Protected Status

Is it easy for refugees to find asylum in the U.S.? For some, it isn’t difficult to arrive at the country’s borders and make an appeal. Once here, they are guaranteed consideration and a public hearing. Immigration attorneys can assist in making and presenting a case. The reality is that only a handful of asylum seekers from each country are granted a yearly stay. Terms have been strengthened by the Department of Homeland Security, and meeting all of them is simply not possible for many applicants.

Criteria used to make decisions on granting asylum include an alien’s criminal and immigration backgrounds, and any affiliation with terrorist groups. These are weighed in light of the applicants’ grievances against their home countries and their merits for staying in the U.S. Also, filing deadlines and application protocols must be met.

Help in Filing for Asylum

Still, thousands are granted asylum in America each year. Requesting the services of an immigration attorney as soon as possible will allow cases to progress on time. A good lawyer can help those who flee their countries due to injustice to win shelter and legally protected status.

If you or a family member is seeking political asylum in the United States, consult an immigration attorney right away! You’ll want to ask critical questions such as: how long have you been practicing law; do you have experience with immigration cases; how many political asylum cases have you won?

Whocanisue.com has the largest directory of trained immigration attorneys on the Web! Complete our short questionnaire today to find an experienced immigration attorney in your area.