Another example would be a case of a woman who stood up against a dangerous criminal in her country and corrupt system. Attorneys help applicants to fillout the necessary immigration forms and not make any mistakes in their filing. Political asylum is a protection from prosecution in the United States as a result of advocating or taking part in activities intended to overthrow the government or carrying out a hostile act toward the United States or its forces. Mr. Murugan then appealed to the Eleventh Circuit Court of Appeals. Filling out the Form I-589 If you are a Russian applying for political asylum and filling out Form I-589, you have to be careful about what you write. 1. After their petition has been pending for 180 days, they may apply for a work permit. If your basic human rights are being violated, you dont have to tolerate it Lady Liberty stands as a beacon, welcoming you to begin a new chapter of your life. @ 8 U.S.C. If returned to Mexico, she said, she would be attacked for those beliefs. Help me with my immigration case without a flaw. Or, a person who suffered due to spreading opposition-type views, literature, etc. The right of asylum (sometimes called right of political asylum; from Ancient Greek (sulon) 'sanctuary') is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another entity which in medieval times could offer sanctuary.This right was recognized by the Ancient Egyptians, the . Rather, an asylum applicant "bear[s] the burden of establishing facts on which a reasonable person would fear that the danger arises on account of his race, religion, nationality, mem-bership in a particular social group, or political opinion." Id. sovereign attribute exercised by the Government's political departments largely immune from judicial control." See Trump v. Hawaii' 138 S. Ct. 2392, 2418 (2018) . The Immigration Judge recognized Zelaya's statement to the gang to be a political opinion for asylum purposes. But the criminal started to persecute the lady: beat her, threatened her, etc. Courts have granted asylum in the US to people who have as little as a ten to fifteen percent chance of persecution in the future. A refugee is someone who is unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. asylum officer determined that the petitioner had a credible fear of harm in his homeland. Julia Greenberg is a marvelous attorney based on my experience. Sample Asylum Brief: Particular Social Group and Political Opinion Catholic Charities Community Services This brief is for an asylum claim by a Honduran woman who faced death threats from a gang. However, the U.S. government changed the law to make it clear that victims of the one child policy have been persecuted on account of their political opinion. This firm is just amazing ! Political Asylum USA helped me to understand how asylum works in the United States. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. If you are afraid of persecution in your home country and would like to get help from a top New York Asylum Attorney, call the PoliticalAsylumUSA toll free at +1 (800) 560-1768. FREE ASYLUM CONSULTATION Submit the form below. If the applicant is found to be ineligible for asylum under either section 208 (a) (2) or 208 (b) (2) of the Act, the applicant shall be considered for eligibility for withholding . If you have been persecuted in the past or if you have a well-founded fear of future persecution on account of your political opinion, you could have a claim for asylum. The Starting Point: Matter of Acosta. 13. It is extremely complicated, so it was nice to have experts to guide me. 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. Political Asylum USA: Asylum Immigration Status in United States, Seeking Asylum At The U.S.- Mexico Border, The Benefits of Applying for Asylum in New York. A person can be granted asylum if she suffered harm because of her "political opinion." The meaning of this phrase has confused courts for decades. It is a good idea to consult with an immigration lawyer experienced in asylum and refugee law for help in preparing and presenting your case. See Reyes-Guerrero v. INS, 192 F.3d . For applications filed on or after April 1, 1997, an applicant shall not qualify for asylum if section 208 (a) (2) or 208 (b) (2) of the Act applies to the applicant. It was a pleasure working with Julia! I was lost when I arrived to the United States, and scared for my life in my home country. Iam so thankful for her and thankful for everything she has done. Requesting asylum in the U.S. involves much more than filling out Form I-589 and saying, "I was persecuted." I wouldnt have picked a better immigration lawyer. Political opinion asylum does not necessarily require a political opinion in order to be a protected opinion; an opinion about a nonpolitical issue can sometimes qualify. An asylum applicant can end up in removal proceedings if. Salgado-Sosa, 882 F.3d at 456. Author: USA Asylum Lawyer Alena Shautsova, Alena shautsova is one of the best immigration attorneys in our country, Highly intelligent, flexibly intuitive, and sincerely caring. Political Asylum USA was a great resource to me. I am an athlete whose I-140 was initially denied by the USCIS. Political Opinion Asylum & Refugee United States +1 (800) 560-1768 - Asylum Hotline Our multi-lingual Immigration experts are waiting for your call to start your Asylum application. In some states, the information on this website may be considered a lawyer referral service. To be granted asylum in the United States, the immigrant must show that he is a "refugee" under the definition of the Immigration and Naturalization Act. But you need to consider important points:1. ' 1101(a)(42)(A) (2000). You can also request a case review online. Asylum applicant Maria Luisa Rodriguez Tornes didn't have to show that her feminist opinions played the sole or predominant role in her domestic abuse, according to the 9th U.S. If the Immigration Judge denies the defensive asylum application, the asylum seeker can appeal. Petition denied by published opinion. Applicable U.S. laws define political opinion in several ways. If you are a member of a political party and the persecutor is a member of a different political party, you can argue that the persecution you suffered or fear is on account of your political opinion. the elements of an asylum claim based on sexual orientation, gender identity, and/or hiv status are (1) a well-founded fear of persecution (2) based on past persecution or risk of persecution in the future if returned to the country of origin (3) because of the applicant's membership in a particular social group (psg) wherein (4) the persecutor Political opinion is one of them. In Matter of D-X- & Y-Z-, 25 I&N Dec. 664 (BIA 2012), the Board held that if you are firmly resettled in a third country, then you are not eligible for political asylum in the United States. This allowed me to begin my asylum journey with confidence! ANTI-COMMUNISM "We note that the "political opinion" language in the asylum and withholding of deportation statutes is not necessary limited to traditional associations with one political party or faction." The law is set up to protect persons who suffer persecution in their home country by allowing them to seek asylum. Submit the form below. Antonyan v. Holder(9th Circuit, 6/29/2011). In order to make an affirmative application in America, one must file form I-589 with the United States Citizenship and Immigration Service. The asylum laws in the United States are designed to protect people who are fleeing persecution in their home countries. The immigration judge denied Mr. Murugan's asylum, withholding and CAT claims and ordered him removed. Opinion Immigration Asylum seekers Asylum Journalism It is easy to lose sight of the escalating reprisals against journalists and protesters from Belarus to Myanmar . Americans believe that basic human rights should be something everyone has. Regarding the requirements for asylum, the IJ first found that, although Portillo was . One of the grounds frequently claimed by applicants is asylum based on political opinion. These courageous individuals . Asylum - Sample Declaration - Gang, Religion, Political Opinion . 6577 (1968). Start your asylum process and be on your way toward a life with liberty in the USA. A particular social group is a group of people with a common, immutable trait that either cannot be changed or should never be forced to change. multiple questions. Chinas one child policy once presented a unique problem for U.S. asylum law, as victims of the policy did not neatly fit in any one category for asylum. PoliticalAsylumUsa.com 2013. In their decision dismissing the petition in part and denying the . The harm must be serious enough to be considered persecution, and the persecution you experienced or fear must be tied to one of five grounds mentioned in the Immigration and Nationality Act: race, religion, nationality, membership in a particular social group, or political opinion. Otherwise, you have to argue, there are compelling reasons why you did not do this before. Quick on respond, reliable and very professional. Julia is a very professional lawyer. 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. 10 The IJ's determination rested on an analysis of Chavarria's claims for asylum on account of an expressed Of course, you will still need to convince the asylum officer or immigration judge that what you claimed happened to you really happened to you. Circuit Court of . PoliticalAsylumUsa.com 2013. Immigrants Seeking Visas, Asylum, and Green Cards, What Persecution Means Under U.S. Asylum and Refugee Law, convince the asylum officer or immigration judge. I was lucky to find Julia, who in just couple of days was able to correct my case andgather, review necessary documents and file a timely appeal. In the recent case of RT . Political Asylum USA offered me the information that I needed, free and over the phone, to let me make an informed decision about my case. The United States has a strong commitment to human rights at home and around the world. At ZontLaw, our lawyers have gained extensive experience in this area while helping clients who have escaped persecution in dozens of countries. Details should include things like names, dates, and full descriptions of the events leading up to and including your persecution. If the persecutor attributed a political opinion to the victim, and acted upon the attribution, this imputed view becomes the applicants political opinion as required under the [Immigration and Nationality] Act. Sangha v. INS, 103 F.3d 1482, 1489 (9th Cir. She helped us prepare very well . There are many instances when people from a certain family or a certain region of a country are considered to be politically opposed to the government and are persecuted simply because of the governments belief that they have certain political opinions. This is possible, and such cases often occur at the border crossing with Mexico. It is possible, but we do not recommend it. Song v. Sessions(9th Circuit, 12/18/2017). The BIA . Once the government receives the form I-589, the case is assigned to an Asylum Officer who conducts an interview with the applicant and makes a decision whether or not to grant asylum. In many ways, it was a standard-issue case-the type of case that cynical judges and DHS attorneys tend not to . I fled my country to the United States with zero idea what I was going to do. Asylum is an appropriate remedy for people who are in the U.S. and afraid to return home because they risk being harmed there. Accordingly, we vacate the BIA's nexus determination and . She focuses on how others feel. Anyone who fits the requirements can live and work in the United States for life, along with his or her spouse and young, unmarried children. (For a look at some common examples of political persecution, see Claiming Asylum Based on Persecution on Account of Political Opinion .) 2) an affirmative asylum application is denied and the applicant is in the country illegally. Or, visit your local site: One of the most common categories for asylum is based on ones political opinion. I had a great experience with Julia throughout my case. 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. or political opinion." Refugees apply for entrance to the United States from outside our borders, . I found Political Asylum USA and luckily they gave me all the information I needed, to fully investigate my options. Political opinion can sometimes take other forms, such as: Domestic violence Asylum law is complicated and constantly changing as result of new policies enacted by current political administration through executive policies or by caselaw with issuance of new precedential decisions by the Board of Immigration Appeals or various federal courts. Generally, the government has said that it is not, but courts have often overruled them when a country is sharply divided and everyone is expected to take a side. Or, visit your local site: I want asylum In USA! Based on this experience, our team recognizes that each case is unique, and acts accordingly. Being outside the US, you can only apply for refugee status and this procedure is also a complicated procedure. Green Card for Parents, Spouse and Minor Children, Extraordinary abilities & advanced degrees (EB-1 & EB-2), Green Card through a refugee/asylee status, https://zontlaw.com/wp-content/uploads/2021/07/ATTORNEY-REVIEWS-YOUR-FORMS.mp4, https://zontlaw.com/wp-content/uploads/2021/07/COMPLETE-YOUR-FORMS.mp4, https://zontlaw.com/wp-content/uploads/2021/07/CHECK-YOUR-ELIGIBILITY.mp4, /wp-content/uploads/2021/03/ATTORNEY-REVIEWS-YOUR-FORMS-1.mp4, https://zontlaw.com/wp-content/uploads/2021/03/ATTORNEY-REVIEWS-YOUR-FORMS.mp4, /wp-content/uploads/2021/03/CUSTOMIZED-INSTRUCTIONS-FROM-ATTORNEY.mp4. It is designed to help people in need, but the US government faces a lot of fraud from asylum applicants. political opinion, but because of some way he in a minor way assisted them." The IJ went on to explain that "casual assistance, as altruistic and admirable as it may have been" did not qualify him for political asylum. If you are eligible for asylum you may be permitted to remain in the United States. American Association for Justice New York County Bar Association Westchester County Bar Association To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. Political opinion is more than just what political party you support, though this might be a reason why you were persecuted or fear persecution. They fully explained the process of getting asylum in the United States. The I-589 application for asylum gives you space to explain your claim and prompts you to provide written details and records about what you experienced. HIAS provides a range of support for refugees and asylum seekers including legal aid, psychosocial care, and livelihood support. 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. 1) immigration enforcement officials arrest someone in the country illegally. Thanks to Julia I am now designated to be extraordinary in the eyes of USCIS. Compassion is Julias one of many other excellent. The case, Jacelys Miguelina de Pena-Paniagua v.William P. Barr, Attorney General, a petition for review of an . In reality, the new Priority will allow the USCIS to make decisions on qualified asylum seekers more quickly and efficiently. Prior Results Do Not Guarantee Similar Outcome. She has been diligent with my case and has been with me every step. At the Political Asylum USA, we are highly experienced in US asylum law. According to the Department of Justice, between FY 2008 and late FY 2019 when DHS vigorously used expedited removal 83% of migrants stopped at the border who claimed a. A defensive asylum application is made in Immigration Court in front of an Immigration Judge. TO HOLD A POLITICAL OPINION: IMPLICATIONS FOR ASYLUM IN THE UNITED STATES AND THE UNITED KINGDOM . I. Our multi-lingual Immigration experts are waiting for your call to start your Asylum application. Furthermore, anyone who is persecuted for resisting the one child policy in any way is also considered to have a political opinion. Even if an asylum applicant entered the U.S. illegally or is in the U.S. on an expired visa/I-94, they may still apply for asylum. After one year of being in asylee status, an asylee can apply for a Green Card and, eventually, citizenship. 45). The lady objected to the criminals actions and reported him to the authorities. An asylee is able to file for a green card one year after the political asylum grant. All Rights Reserved. Strictly confidential. 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 countrybelievedthat you held certain views, even if that wasnt the case. For example, you may be able to pursue this remedy if you can prove that your spouse beat you for failing to conform with societal rules such as wearing certain clothing or behaving in a certain way. did it, my case was approved. Attorneys have the right to intervene in the process by using immigration law at all stages of the proceedings. Once at the asylum interview or at your court hearing, you will provide oral testimony corroborating the information on the application, and be given the opportunity to expand on your account of being persecuted based on your political opinion in detail. 8 U.S. Code 1158 - Asylum. In accordance with relevant U.S. laws, you may also be able to seek asylum based on 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. I called and was provided free information about the process. Guatemalan military was his political opinion, a protected ground under the Immigration and Nationality Act ("INA"). Political opinion asylum does not necessarily require a political opinion in order to be a protected opinion; an opinion about a nonpolitical issue can sometimes qualify. 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 agains a dictator or military regime in your country, you may seek asylum based on your political belief. Give them the chance to learn and grow in the land of opportunity. After a year of being in the US on asylum status, an asylee can apply for a Green Card. The lead respondent was a woman from Ethiopia. Political asylum is an application filed with U.S. Typically, when we say political asylum a person would associate it with someone who, in their home country, were active in an opposition political party or movement. She is efficient, honest and trustworthy! The person was accused of anti-government activities. How Can I Get Permanent Resident Status in the US? Political Asylum USA: Asylum Immigration Status in United States. An immigrant who has won political asylum can file to give asylee status to his spouse and unmarried children under 21. My case was a bit complicated and she helped us manage it. All countries who have agreed to the United Nations Conventions Relating to the Status of Refugees must let people, who do qualify, come into their country. To qualify for asylum, an individual must demonstrate a well-founded fear of persecution on account of "race, religion, nationality, membership in a particular social group, or political opinion." INA 101(a)(42)(A). Asylum seekers whose applications are denied lose their legal basis for . The Immigration Judge is independent from the government and can grant asylum over the governments objection. Strictly confidential. Once you assemble and upload all required documents, we will check if the evidence is correct and will provide a cover letter. We use most advanced security measures to protect your personal data and documents. To establish eligibility for asylum on the merits, an applicant must show that she is unable or unwilling to avail herself to the protection of her home country Abecause of persecution or a well-founded fear of persecution on account ofY membership in a particular social group, or political opinion. The logic of this is that, if you are granted asylum because you are truly afraid of returning, why would you want to return after being granted asylum? An affirmative asylum application can be done while someone is in the United States in any immigration status, or even with no status. 14. For example, one court held that when a person opposed the governments eminent domain attempts over his property and was persecuted because of it, the person established a valid claim for asylum based on political opinion. Attorneys can help find an interpreter and represent refugees in interviews and in the process of deportation to the immigration court. Julia was also very responsive at all times . Such imputed political opinions could form a basis for political persecution and thus asylum. of political opinion or give a persecutor a reason to impute such an opinion to an alien. Any person who is forced to have an abortion or sterilization because of Chinas one child policy is considered to have a political opinion for asylum purposes. September 5, 2011. Today Im really thrilled with the fact that I achieved success in my immigration case and it wouldnt have been without a great professionalism of my immigration lawyer Mrs. Julia Greenberg. Throughout your testimony, the asylum officer or judge will be assessing your "credibility"that is, whether you can be counted on to tell the truth. As a result, the person was arrested, beaten and tortured by the police. Political opinion can be either "manifest" or "imputed" but there must be some evidence that gangs have . The site has an overview of the asylum process for both asylum seekers and pro bono attorneys. That is when I was able to confirm that, my rapist was Y, the same gang member that I had approached a few Consult the Immigration Attorneys Here, ONE OF OUR LEGAL SERVICES: ATTORNEY APPLICATION REVIEW, THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION. Under CFR 1208.1 (d), under the ground of political opinion, there must be an expressive behavior of political opinion and not simply a generalized disapproval of or disagreement with the State. If the Asylum Officer rejects the affirmative asylum application, there is no appeal. In addition to political opinions, a persons imputed political opinion is also a ground for asylum in the U.S. group or political opinion." 189 U.N.T.S. Her asylum claim was eventually granted because whistle-blowing against government corruption is an expression of political opinion. In determining whether an act of whistle-blowing is political, the salient question is whether it was directed toward a governing institution, or only against the individuals whose corruption was aberrational. Hasan v. Ashcroft, 380 F.3d 1114, 1120 (9th Cir. To be eligible for asylum, an individual must demonstrate that they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Citizenship and Immigration Services (USCIS) or defensively with the Immigration Court, you will have to provide evidence to demonstrate your claim. To prove a claim for asylum, petitioners must show that they were persecuted because of one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. A person can qualify for asylum, or political asylum, if he or she has a reasonable fear, of future persecution, on account of race, religion, national origin, political opinion, or membership in a particular social group.. A reasonable fear just means one need not prove conclusively that they will be persecuted in the future; only that they have a good reason to fear that it will happen. The attorney listings on this site are paid attorney advertising. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. It is free to apply for political asylum. Asylum law is complicated and compiling a winning case difficult. When I told them that I didn't have any money to hire a private attorney, they recommended a non-profit legal provider to me. Based on the high value attributed to freedom of political opinion, asylum is often granted to individuals that have been or may be the victim of persecution in their country of birth as a result of their political opinions. The best way to demonstrate your credibility is to provide clear, consistent details about your claim. When your future is at stake, you need to weigh everything for and against the participation of a Attorneys in your process. In some parts of Central America, gangs are more powerful than the government. Race, religion, and national origin are fairly straightforward. But many won't show up. See Arvalo-Girn v. Holder, 667 F.3d 79, 82 - 6 - (1st Cir. Or, visit your local site: Political asylum can help you secure a future for your children: one that is free from persecution. 2012) (citing 8 U.S.C. Personalized Guidance and USCIS Fees and Instructions on where to file, free shipping label to USCIS. 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. I highly recommend Julia and her team! Political Asylum USA explained my options to me, with respect to my very complex corruption case. Tribal and ethnic groups, female victims of domestic violence, and people who are lesbian, gay, bisexual, or transgender (LGBT) commonly fit into this category. As such, political opinion as a ground for asylum in the US may be broader than political opposition activities. She is a very professional immigration layer and is very responsive, which was very important to us. NO. Last week, I won an asylum case thanks to a good closing argument. Outcome is a green card without even going on the interview. In a major development in U.S. asylum law, a federal appeals court Friday recognized gender as a legal basis for granting asylum, making it possible for the petitioner in this case, and many other women fleeing violence in their home countries, to find refuge in the United States..

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