Requesting Political Asylum

One way to gain legal entrance and permission to stay in the United States is through political asylum, which may be asserted by those who are “seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion.” As applying for asylum can be a complicated process with serious consequences, you might consider consulting with an immigration lawyer regarding your specific case.

How do I apply for political asylum?

The first step in applying for political asylum is filing a Form I-589, Application for Asylum and for Withholding of Removal, with United States Citizenship and Immigration Services (USCIS); there is no fee to apply, but you must do so within one year of your arrival to the United States. There are some exceptions to this rule, however, so you should consider contacting an immigration attorney if you have questions.

You may also be able to file outside the United States at your local embassy or consulate.

Do I have to be in the country legally to apply for political asylum?

No, even those in the country illegally may be eligible for political asylum status; however, if you apply and are denied political asylum, you may face deportation procedures, so be sure to weigh your options carefully.

Can I include my spouse and children on the application for political asylum?

Yes so long as the child is under 21 years of age and unmarried; you may include your spouse and children on the application when you file and even up until the point a decision is made on your application. To include your child on your application, the child must be under 21 and unmarried.

What happens after the application for political asylum is filed?

Applications are pre-screened by USCIS, which sends strong claims on to the interview process. While your application is pending, you are not allowed to leave the country without prior permission. If you do so, your application is withdrawn and you may not be permitted back in the country.

Can past persecution be enough for a grant of political asylum?

Yes, it can be. Applicants may show past persecution through their own personal accounts of what happened or tangible documents such as arrest records or sworn affidavits of witnesses to the alleged persecution.

How is the alleged fear of persecution judged?

Whether an applicant’s fear is well-founded is based on the reasonable person standard, that is, whether a reasonable person in the applicant’s positions would fear persecution. If USCIS agrees there is a “credible fear of persecution,” the agency may issue a work permit or require the applicant to wait a certain number of days to apply for one.

What if my request for political asylum is denied?

As mentioned above, if your application for political asylum is denied and you are in the country illegally, you may face deportation. In any event, you have 33 days to appeal the denial.

As political asylum is an extremely serious legal issue, you should strongly consider contacting an immigration lawyer to discuss your options throughout the process.