Political asylum is a legal protection for people who have fled their home countries because of persecution. The U.S. offers asylum to those who meet specific criteria under the Immigration and Nationality Act (INA), Section 208.
In the United States, asylum seekers are required to demonstrate valid persecution based on race, nationality, religion, political affiliations, or memberships. Political asylum lets people remain in the U.S., work legally, and apply for permanent residency or citizenship.
Unlike refugee status, political asylum is for people who have already entered the country. Their method of arrival is inconsequential, so asylum seekers can apply through U.S. Citizenship and Immigration Services (USCIS) or apply defensively when facing removal.
Asylum Eligibility Requirements
Here is how to qualify for asylum in the United States:
Demonstrated Fear of Persecution
Applicants must demonstrate persecution due to one of the five protected grounds:
- Race — Discrimination or oppression because of racial identity.
- Nationality — Targeted mistreatment due to ethnic group affiliation.
- Political Opinion — Oppression for expressing political viewpoints.
- Religion — Persecution for practicing, converting, or renouncing religious beliefs.
- Social Membership — Oppression because of gender, sexual orientation, etc.
Presence in the Country
Applicants must be physically present in the United States when filing for political asylum. Fortunately, individuals can apply at the port of entry, even if they arrived unlawfully. Discuss your case details and concerns with an immigration lawyer.
Apply within a Year of Arrival
The United States requires political asylum applicants to file within one year (365 days) of arriving in the country. Exceptions to this rule include changed or extraordinary circumstances, such as medical issues, ineffective legal representation, or incapacity.
Submit Credible Testimony
Asylum applicants are required to provide credible and consistent statements about their persecution. Incomplete applications and inconsistent accounts can cause rejections, so include supporting documents, including:
- News reports
- Medical records
- Affidavits
- Expert testimony
Talk to your immigration lawyer for help gathering and submitting these required documents.
Political Asylum Disqualification Factors
Some factors can disqualify applications. See below:
- Participation in the persecution of others
- Security threats to the United States
- Prior asylum denials without significant circumstantial changes
- Serious criminal activity
An immigration lawyer can help you determine asylum eligibility requirements and complete the application without errors or delays. Schedule a consultation with Lamb and Turner today.
Understanding the Political Asylum Application Process
The process for obtaining asylum involves several complex steps. Applicants must submit a Form I-589, which is the Application for Asylum and for Withholding of Removal. There is no fee for this application.
Next, asylum seekers must undergo biometric screenings and background checks. This essential step allows the USCIS to assess criminal history and national security risks. Then, the USCIS will schedule an interview to determine the applicant’s credibility and eligibility based on additional factors.
Individuals caught by immigration authorities or who have been denied affirmative asylum can apply defensively before an immigration judge. The USCIS judge will issue a decision, and if denied, applicants can appeal to the Board of Immigration Appeals (BIA) or federal courts.
Getting Help with Political Asylum Eligibility Requirements and Applications
Navigating the political asylum process can be overwhelming. If you or someone you know is considering applying, seek professional legal guidance to improve your chances of success. Experienced support can help you understand the process, avoid pitfalls, and build a compelling case for protection.
Need help or information before applying? Contact the immigration lawyers at Lamb and Turner to learn more.
