US immigration law provides a dedicated legal framework for political asylum, with tens of thousands of quota spots allocated annually. Below is an introduction to the process, requirements, and policies for applying for political asylum in the United States.
US political asylum application process:
1. First, you must successfully enter the United States. Legal methods include various visas, the simplest being a tourist visa, or it is not difficult to obtain a student visa through an educational institution.
2. After arrival, you can submit an asylum application to the local immigration office. Note that (1) regardless of the visa type or expiration date, once you have initiated the application, you can have your stay extended indefinitely; this is not an issue. (2) Unless there are special circumstances, the application must be initiated within one year of arrival.
3. After a period of time, the immigration office will instruct you to provide fingerprints and will then schedule an interview. The interview typically lasts about 3 hours (with an interpreter). If the interview is successful, you may directly obtain a green card.
4. If the interview is not successful, your case will be referred to an immigration court. The legal proceedings in the US are similar to those in other jurisdictions, involving initial hearings, appeals, and final rulings. There are usually about three hearings per stage, with each hearing scheduled approximately one year apart. A green card may be approved at any stage of the court proceedings. However, if you are unsuccessful after the final review, you will be subject to deportation.
5. Once subject to deportation, you will be in an "inadmissible" status, meaning you cannot obtain a green card or maintain legal status through any means.
US political asylum application requirements:
1. The applicant has suffered persecution in the past, or has a well-founded fear of future persecution.
2. The persecution suffered by the applicant is based on race, religion, nationality, political opinion, or membership in a particular social group.
US political asylum application policies:
It should also be noted that in order to substantiate the fear of persecution, evidence must be provided from both subjective and objective perspectives. From a subjective perspective, the applicant must demonstrate that their fear of persecution is genuine; from an objective perspective, the applicant must show that they are indeed subject to persecution in reality. Both are required. If a country's government engages in widespread persecution, but the applicant does not fear persecution, or if the applicant is extremely fearful but would not actually be persecuted in their home country, the application will not be approved.
Finally, the persecution must be based on the five aforementioned reasons: race, religion, nationality, membership in a particular social group, or political opinion.
Situations where one cannot apply for US political asylum:
1. Long-term stay in a third country. If an applicant has resided in a transit country for a long period before entering the United States, they are ineligible to apply for US political asylum.
2. Participation in the persecution of others. Applicants who have persecuted others are ineligible for asylum or withholding of removal; even if such actions were not voluntary or were coerced, it will still lead to the rejection of the application.
3. Arrival in the US for more than one year. Applications filed after residing in the US for more than one year are generally denied by the immigration office. If applying after one year, you must explain the reason for the delay.
Due to strict adjudication standards, the approval rate has decreased. Currently, at the Los Angeles asylum office, the approval rate is less than 40%.
