In certain circumstances, the United States will allow non-U.S. citizens to apply for political asylum and to stay in this country to avoid prosecution. This is often granted in cases where the home country is in a state of political unrest, or when the candidate is facing serious injury by returning to his or her home land. Whatever the case, you must undergo the long application process if you want political asylum.
In most cases, you will need to hire an immigration attorney to assist you with the paperwork and any interviews required to apply for political asylum. This is especially true if you don’t speak English very well or are unfamiliar with U.S. law; mistakes on your application could result in premature denial. You can find immigration attorneys listed in the Yellow Pages, or you can call your immigration office to ask for a list.
Once you’ve hired legal counsel, he or she can help you fill out USCIS Form I-589, which is what you use to apply for political asylum. This is a complicated bit of paperwork and should only be tackled once you have the necessary information, including a description of the persecution you face by returning to your home country. Your lawyer can help you find the right words to describe your situation. In most cases, it must be filed within one year of moving to the U.S.
In most cases, it takes about 180 days to hear about your USCIS application, which will tell you if you’ve been granted political asylum. While you wait, it’s a good idea to look for employment here in the United States, for which you will need a Employment Authorization form. This should be filed about 30 days before you expect to hear about your asylum status. Sometimes it can take longer, but you can call the nearest USCIS office for an update.
If necessary, you can also apply for political asylum for your immediate family, which would include your spouse and any children under 21 years of age. This is called Derivative Asylum Status, and requires that you file USCIS Form 1, which is an application for relative refugee asylum. If this is granted, you and your family will be allowed to remain in the United States under certain provisions of the law.
Remember that political asylum can be revoked if you do anything to jeopardize your residency status. For example, if you leave the country while your application is being processed, you must file notice with USCIS or risk denial back into this country. Furthermore, you cannot commit any crimes while you are here, or risk deportation.
If you have further questions about whether or not you can apply for political asylum in the U.S., you can visit the USCIS Web site and look up the questions you need answered. You can also talk to an immigration attorney about your specific situation.
