ASYLUM UNDER HUMANITARIAN GROUND
Even if you are no longer eligible for asylum in the United States on any applicable grounds because changes in your country disallow any claim that you have reasonable fear of future persecution, it may still be granted for humanitarian reasons. However, there are only two circumstances in which this is possible. The first is if you can prove that you endured severe persecution in your country the past; and the second is if you can prove that you have a valid fear of being subjected to other serious harm if you are forced to go back.
Severe Past Persecution
If you are seeking U.S. asylum for humanitarian reasons on this basis, you must prove that you have irrefutable reasons for refusing to go or being incapable of going back to your country. In other words, you must prove that your previous experience(s) in your country meet the legal definition of persecution; and that they were so heinous that they caused ongoing mental and/or physical suffering.
Historically, humanitarian asylum has been granted to applicants who endured female genital mutilation and suffered long-term effects; and to a former prisoner who was held for more than a year and prevented from learning what happened to a missing relative.
The criteria generally used to make determinations in such cases include the magnitude and duration of the persecution you endured and the extent of your suffering. However, you should be aware that each case is assessed on its own merits so it is important to consult with an experienced asylum attorney before seeking humanitarian asylum.
Other Serious Harm
Under U.S. federal law, you may also qualify for humanitarian asylum if you can successfully demonstrate that there’s a good chance you will be subjected to “other serious harm” upon return to your country. While you do not need to prove that it would be based on any other ground for asylum, you must prove that the trauma or injury you would likely suffer meets the legal definition of persecution.
In past cases, humanitarian asylum has been granted to applicants who proved that the severe lack of health care and essential medications in their countries would likely result in “other serious harm” if they were forced to return to their countries. However, these cases are also determined based on their individual merits.
Call today for a free asylum consultation
The U.S. asylum process is very complicated, so the best chance of success comes from working with an experienced asylum attorney. We are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators, and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart-wrenching the asylum process can be, and we will be with you every step of the way. Your citizenship or your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys toll-free at 1-888-ZONTLAW / 1-888-966-8529.
Can I ask for political asylum from outside the US?
NO. To apply for political asylum, you must be in the United States (embassies or diplomatic missions outside the US will not help you in this matter). Being outside the US, you can only apply for refugee status and this procedure is also a complicated procedure.
Can I apply for asylum when crossing the border?
This is possible, and such cases often occur at the border crossing with Mexico. The application directly on the border is an extreme measure. A very important point is that when you cross the border without the necessary permission (US visa) and asylum application, you are most likely to be detained and placed in an immigration prison where you will conduct initial inquiries and check all the facts you previously stated. The decisions of the border service can be delayed for weeks or even months.
Can I apply for political asylum if I am illegally in the US?
You have the right to defend and examine your application, even if you are in an illegal status. It is very important that this happens in the first year of your stay in the country. Otherwise, you have to argue, there are compelling reasons why you did not do this before.
How long does it take to get an interview for asylum?
Beginning on January 29, 2018, the Immigration Department for Asylum (USCIS Citizenship and Immigration Service Group) will give priority to the newest applications when assigning interviews. Such a change in the schedule of interviews will make it possible to weed out those applicants who use groundless statements and try to use this process solely to obtain a work permit and will enable the USCIS to immediately identify such persons and begin the process of their deportation. In reality, the new Priority will allow the USCIS to make decisions on qualified asylum seekers more quickly and efficiently.
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