@ 8 U.S.C. Asylum . 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. You have the right to defend and examine your application, even if you are in an illegal status. However, it is important to note that specific proof about the persecutors identity and conduct is required in such cases. 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. I would recommend their services to anyone that does not know how to proceed with asylum. 109-13, . 14. When you put together your asylum claim, it is very important to recall the details of the events that happened to youeither the past persecution or the things that happened to make you fear future persecution. In fact, political opinions are sometimes wrongly inferred from accidental circumstances. No. 150, 176 (1954), 19 U.S.T. Salgado-Sosa, 882 F.3d at 456. 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. Phone: 917-885-2261. 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. Political Asylum USA ended up being a great help to me. 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). The application directly on the border is an extreme measure. Subscribe to our e-mail newsletter to receive updates. She helped us prepare very well . We had a marriage on US citizen case. 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 . If you say that you are a political activist with the CYZ party, for example, you must know the details about the CYZ party and the details about what happened to you in your country. Once asylum is granted, a person has the right to live and work in the US for the rest of his or her life. 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. Our experienced political asylum attorneys have helped many people who have been persecuted simply because of their opinions. That is when I was able to confirm that, my rapist was Y, the same gang member that I had approached a few I highly recommend Julia and her team! Imputed Political Opinion. Prior Results Do Not Guarantee Similar Outcome. They even referred me to a top New York-based Immigration Attorney, who handled my case from start to finish. PoliticalAsylumUsa.com 2013. An asylum applicant can end up in removal proceedings if. One of the grounds frequently claimed by applicants is asylum based on political opinion. A loss of money or small restriction on liberty is typically not enough to constitute persecution, while a serious threat to ones life or liberty is more likely to be considered persecution. 14 Wall Street, New York NY 10005, USA +1 (800) 560-1768. 208.1 (d) Political Opinion. Eligibility for Asylum in the U.S. Firstly, to be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Voting and opinion are social validations of group membership by conformity to social milieus and family tradition. The idea that opinions or matters that engage such gangs might constitute political opinion finds support from the Office of the United Nations High Commissioner for Refugees (UNHCR), which has recently published Eligibility Guidelines for Assessing the International Protection Needs of Asylum Seekers from Guatemala (January 2018), El Salvador . As a result, the person was arrested, beaten and tortured by the police. An employ ee may also be motivated by personal . Julia Greenberg is a marvelous attorney based on my experience. 3. Julia is a very professional lawyer. At the Political Asylum USA, we are highly experienced in US asylum law. It is very important that this happens in the first year of your stay in the country. She had been arrested a few times in her country, and faced persecution in prison. As expressed by the IJ, the beatings were caused by "Zelaya's refusal to join the gang, irrespective of the reasons." It is extremely complicated, so it was nice to have experts to guide me. Race, religion, and national origin are fairly straightforward. Asylum is a protection offered to people who have been persecuted in the past, or could be persecuted in the future, because of their race, membership of a particular social group, political opinion, nationality or religion. Political opinions and voting are only in part based on informed, calculated interest reflecting the arguments of parties, platforms, and candidates. Our case was lost and after countless attempts to reach USCIS, I finally called Julia. When your future is at stake, you need to weigh everything for and against the participation of a Attorneys in your process. that I couldn't move. 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. and membership in a particular social group or political opinion. 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. 1997). In certain circumstances, you may also be able to seek asylum in the United States based on your imputed political opinion. 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. The Immigration Judge recognized Zelaya's statement to the gang to be a political opinion for asylum purposes. HIAS provides a range of support for refugees and asylum seekers including legal aid, psychosocial care, and livelihood support. Closing Argument. Political Asylum USA helped me to understand how asylum works in the United States. But you need to consider important points:1. Being able to speak out and disagree with the government is one of Americas most important values, and it protects political refugees accordingly. 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 Venezuelans need to understand that being a Venezuelan doesn't automatically make them eligible for asylum. Another example would be a case of a woman who stood up against a dangerous criminal in her country and corrupt system. group or political opinion." 189 U.N.T.S. 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. If returned to Mexico, she said, she would be attacked for those beliefs. Meanwhile Y climbed on top of me and raped me. of the way, which has not only made this easier, but also less stressful. I called and was provided free information about the process. U.S. asylum law defines political opinion very broadly, and for good reason. 5. In many ways, it was a standard-issue case-the type of case that cynical judges and DHS attorneys tend not to . Political asylum immigration law can be a complicated process as your . An experienced asylum attorney greatly increases the chances of success. It is designed to help people in need, but the US government faces a lot of fraud from asylum applicants. 2. However, if you are outside the U.S., then you would be known as a refugee. Regarding the requirements for asylum, the IJ first found that, although Portillo was . 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. TO HOLD A POLITICAL OPINION: IMPLICATIONS FOR ASYLUM IN THE UNITED STATES AND THE UNITED KINGDOM . They will get the job done. In reality, the new Priority will allow the USCIS to make decisions on qualified asylum seekers more quickly and efficiently. It is unclear whether or not being politically neutral can constitute a political opinion. 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. I wouldnt have picked a better immigration lawyer. In other words, if the government persecutes someone because they think that person has a political opinion, they can qualify for asylum even if they do not have that political opinion. Start your asylum process and be on your way toward a life with liberty in the USA. I was lost when I arrived to the United States, and scared for my life in my home country. Amazing results! 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. This firm is just amazing ! 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. Thanks to Julia I am now designated to be extraordinary in the eyes of USCIS. Many forms of free speech are not normally considered political in nature but are still worth protecting. 1) immigration enforcement officials arrest someone in the country illegally. In their decision dismissing the petition in part and denying the . One of the ways the United States fulfills that is by granting asylum to any noncitizen in the United States who has a fear of losing their basic human rights upon returning to his or her home country. Judge Quattlebaum wrote the opinionin which , . Address: 2908A Emmons Ave, Brooklyn, NY, 11235. 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. People are also reading Tim Steller's column: A UA prof prepared to be shot on campus and barely avoided it 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. She was always available and provided thought through answers to our. If you can prove that have been punished or have 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. As such, political opinion as a ground for asylum in the US may be broader than political opposition activities. In my opinion we need more immigrants and fewer asylum seekers. 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. The lead respondent was a woman from Ethiopia. An immigrant who has won political asylum can file to give asylee status to his spouse and unmarried children under 21. That the application has been filed within one year of entry into the United States (there are . 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. 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. Political Opinion. The best way to demonstrate your credibility is to provide clear, consistent details about your claim. 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. Furthermore, anyone who is persecuted for resisting the one child policy in any way is also considered to have a political opinion. Applying for Asylum After Matter of M-E-V-G- and Matter of W-G-R . But many won't show up. Our multi-lingual Immigration experts are waiting for your call to start your Asylum application. Help me with my immigration case without a flaw. Many actually refer to asylum benefit in the US as political asylum. It is surely one of the most popular grounds, but not the only one. Political opinion can sometimes take other forms, such as: Domestic violence 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. 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. In my opinion, what really distinguishes Julia from other immigration lawyers we have worked with is that she is willing to go the extra mile for her clients. Political asylum is an application filed with U.S. Asylum - Sample Declaration - Gang, Religion, Political Opinion . 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. Requesting asylum in the U.S. involves much more than filling out Form I-589 and saying, "I was persecuted." The fact that the prosecutor in our case complimented Julia for her outstanding effort serves as the best proof of her professionalism. These include anti-communism cases, imputed political opinion, neutrality, whistleblower cases, and population control cases. The political asylum is one of the human rights affirmed by Article 14 of the Universal Declaration of Human Rights, and a rules of international human rights law. Accordingly, we vacate the BIA's nexus determination and . 1733 Sheepshead Bay Road Suite 22, Brooklyn, BE AWARE OF ALL THE DEVELOPMENTS IN US IMMIGRATION POLICY, will always keep you up to date on Facebook, 1733 Sheepshead Bay Rd Suite 22, Brooklyn, NY 11235. A person applying for asylum in the US has to present his/her claim based on one of the enumerated grounds. They even referred me to an outstanding attorney! Before presenting this oral testimony, the asylum officer or judge will ask you to raise your right hand and take an oath, swearing that your testimony will be true and correct to the best of your knowledge. Political opinion is more than just what political party you support, though this might be a reason why you were persecuted or fear persecution. Another example of political opinion is advocacy for womens rights in a country where women are still oppressed. This article will discuss whether your "political opinion" could, realistically, be among those grounds. 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. Stephen Meili * ABSTRACT . As expressed by the IJ, the beatings were caused by "Zelaya's refusal to join the gang, irrespective of the reasons." The law is set up to protect persons who suffer persecution in their home country by allowing them to seek asylum. In just 3 months after she. 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. Submit the form below. Dont wait, hire Julia and help yourself. 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. 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. Political Asylum USA: Asylum Immigration Status in United States. The Code of Federal Regulations has been amended, effective January 11, 2021, to add a new sub-section: 8 C.F.R. In some states, the information on this website may be considered a lawyer referral service. 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. If you have immigration question, look no more. ' 1101(a)(42)(A) (2000). I grabbed at his long hair trying to free myself and saw his face for the first Time. Subscribe to our e-mail newsletter to receive updates. FREE ASYLUM CONSULTATION Submit the form below. 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. 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. Dont risk having your application for asylum denied by trying to file it yourself. 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." 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. Or, visit your local site: Political asylum can help you secure a future for your children: one that is free from persecution. One of the grounds frequently claimed by applicants is asylum based on political opinion. It was very informative about my rights as a persecuted LGBT individual. 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. The Department of Homeland Security proceeded to . If you fear persecution on account of your race, religion, national origin, political opinion, or membership in a particular social group and you are not currently in the United States, you can apply for refugee status. There is no limit to the number of people who can receive political asylum in the United States. asylum or withholding of removal because he had not demonstrated a nexus between his actual political opinion and the harm that he experienced. Not only is she very professional and quick to react, she is also comprehensive which is a big thing for me. The Immigration Judge is independent from the government and can grant asylum over the governments objection. 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. did it, my case was approved. The help of an experienced asylum attorney is especially important in this context. Locations We have 2 locations in New York View Locations Our experienced immigration professionals check the website content daily to keep up with changes in laws or forms required. Great attorney. The person was accused of anti-government activities. Citizenship and Immigration Services (USCIS), an agency in the U.S. Department of Homeland Security (DHS), that allows an applicant to seek protection from persecution in their country of nationality. . In some parts of Central America, gangs are more powerful than the government. Usually in these cases, the country is in the middle of a civil war. 'While the Protocol constrained the Attorney General with respect to 243(h) between 1968 and 1980, the Protocol does not require the granting of asylum to anyone, and hence does not subject the Attorney General to a 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. Firm Resettlement. 11-2546-ag, reaffirming that opposition to corruption may under some circumstances qualify as a political opinion upon which a grant of asylum can be based under U.S. immigration law. I recommend her team in a heart beat to anyone who needs help in immigration matters. Submit the form below. Based on this experience, our team recognizes that each case is unique, and acts accordingly. or 3) an asylum seeker does not have a visa while trying to enter the United States, but the border officer thinks that the person might qualify for asylum. By using this website you consent to our use of cookies. After their petition has been pending for 180 days, they may apply for a work permit. 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. 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. You can also go to the United States and make an asylum claim at the border. 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. PoliticalAsylumUsa.com 2013. Because political opinions can cover many activities and ideas, it is important to consult a political asylum attorney in the USA to determine your best options and how to win your asylum case. 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. 14 Wall Street, New York NY 10005, USA +1 (800) 560-1768. My case was a bit complicated and she helped us manage it. Political opinions involving movements against a culture are excluded, meaning that women who have faced persecution on account of feminist political opinions, such as the political . qualities as a lawyer. The lady complained to higher officials, just to find herself in more trouble. Immigrants Seeking Visas, Asylum, and Green Cards, What Persecution Means Under U.S. Asylum and Refugee Law, convince the asylum officer or immigration judge. 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. If the Asylum Officer rejects the affirmative asylum application, there is no appeal. After a year of being in the US on asylum status, an asylee can apply for a Green Card. . She focuses on how others feel. Attorneys can help find an interpreter and represent refugees in interviews and in the process of deportation to the immigration court. Without compassion, you cannot put yourself in your clients shoes or fully understand the issues your client faces. The National Immigrant Justice Center - Unaccompanied children: Call 773-672-6550 LGBTQ immigrants: Call 773-672-6551 on Wednesdays and Fridays between 10:00 a.m. - 12:00 p.m. Details should include things like names, dates, and full descriptions of the events leading up to and including your persecution. When the application for asylum is made, the grounds for asylum must be particularized to the individual making the application. Opinion Immigration Asylum seekers Asylum Journalism It is easy to lose sight of the escalating reprisals against journalists and protesters from Belarus to Myanmar . An imputed political opinion is sufficient for asylum purposes. Political opinion is one of them. Otherwise, you have to argue, there are compelling reasons why you did not do this before. Guatemalan military was his political opinion, a protected ground under the Immigration and Nationality Act ("INA"). The Immigration Judge recognized Zelaya's statement to the gang to be a political opinion for asylum purposes. The United States has a strong commitment to human rights at home and around the world. Asylum seekers whose applications are denied lose their legal basis for . 6577 (1968). Mr. Murugan appealed to the Board of Immigration Appeals, who affirmed the immigration judge's decision. Applicable U.S. laws define political opinion in several ways. Asylum law is complicated and compiling a winning case difficult. 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. 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. 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. If the Immigration Judge denies the defensive asylum application, the asylum seeker can appeal. I found Political Asylum USA and luckily they gave me all the information I needed, to fully investigate my options. To apply for asylum, file Form I-589 within one year of your arrival in the U.S. How Can I Get Permanent Resident Status in the US? The need for asylum seekers' religious (and other) freedom is as urgent as ever. multiple questions. . An affirmative asylum application can be done while someone is in the United States in any immigration status, or even with no status. Been arrested a few times in her country and corrupt system and disagree with United. There is no appeal guide me ( 1954 ), 19 U.S.T people in,! 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