POLITICAL OPINION
ELIGIBILITY FOR ASYLUM BASED ON POLITICAL OPINION
Under United States immigration and asylum law, there are several reasons for which asylum may be granted. One of the grounds frequently claimed by applicants is asylum based on political opinion. This is because people in certain countries are often punished — or fear punishment for openly protesting against the government or simply voicing different political beliefs. If you are seeking asylum because you have been punished based on your political beliefs in your country in the past, or you have a legitimate fear that you will be persecuted based on your political opinion if you have to go back, our experienced attorneys can help.
Applicable U.S. laws define political opinion in several ways. It can be simple affiliation with a specific political party that opposes or is not recognized by the government, as long as belonging to such a group has resulted in persecution or fear of persecution. For instance, if you can prove that you were punished or are afraid of future punishment because you belonged to or were associated with a political group that speaks out against a dictator or military regime in your country, you may seek asylum based on your political belief.
Another example of political opinion is advocacy for women’s rights in a country where women are still oppressed. If you can prove that you were punished or have a legitimate fear of punishment because you engaged in any form of feminism in your country, you may be able to seek asylum based on political opinion. However, it is important to note that specific proof of the persecutor’s identity and conduct is required in such cases.
In some cases, it may also be possible to seek asylum based on political opinion as defined under relevant U.S. laws if you were punished or fear punishment because you spoke out against domestic violence, or even if you were a victim of domestic violence in your country. For example, you may be able to pursue this remedy if you can prove that your spouse beat you for failing to conform to societal rules — such as wearing certain clothing or behaving in a certain way.
In accordance with relevant U.S. laws, you may also be able to seek asylum based on a political opinion if you can prove that you were persecuted or legitimately fear persecution because you belonged to a labor organization (union) in your country.
The legal definition of political opinion also includes occurrences in which someone working in, affiliated with, or who has knowledge of a government agency, political group, business, or similar organization, reports its wrongful or unlawful conduct to a higher authority. If you can prove that have been punished or have a legitimate fear of punishment because you reported illegal conduct carried out by such a group in your country, you may be eligible for asylum based on political opinion.
In certain circumstances, you may also be able to seek asylum in the United States based on your imputed political opinion. To do so, you must prove that you were persecuted or have a valid fear of persecution because the government or other authorities in your country believed that you held certain views, even if that wasn’t the case.
Finally, there are also some circumstances in which your decision or perceived decision not to align with any political group in your country may also result in harm or reasonable fear of harm. If you can prove that your neutrality resulted in persecution or that you have a valid fear of persecution, you may seek asylum in the United States based on political opinion.
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Because seeking asylum in the U.S. is an incredibly complex process, it is always best to enlist the services of immigration attorneys who specialize in asylum law. At ZontLaw, our lawyers have gained extensive experience in this area while helping clients who have escaped persecution in dozens of countries. Based on this experience, our team recognizes that each case is unique, and acts accordingly. Don’t risk having your application for asylum denied by trying to file it yourself.
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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.
Can I apply for asylum with a minimum of materials, and send documents and evidence after I apply?
It is possible, but we do not recommend it. In cases where you sent an off-the-shelf petition, the fact of not being prepared may negatively affect your interview and raise suspicions about the reliability of the information provided earlier.
Is it possible to apply for political asylum without a lawyer?
Some apply for political asylum on their own, filling out Form I-589 and attaching a declaration. Applicants, who apply for political asylum in the US do not need to hire a lawyer and an interpreter to apply for political asylum in the United States. But you need to consider important points: 1. Immigration Attorneys analyze the facts of persecution, and apply immigration laws to the facts. 2. Attorneys help applicants to fill out the necessary immigration forms and not make any mistakes in their filing. 3. Attorneys help Applicants prepare for the interview, correctly write a declaration, and collect documents. 4. Attorneys have the right to intervene in the process by using immigration law at all stages of the proceedings. 5. Attorneys can help find an interpreter and represent refugees in interviews and in the process of deportation to the immigration court. When your future is at stake, you need to weigh everything for and against the participation of Attorneys in your process.
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