Political asylum is the right to live and work in a foreign country that offers protection from persecution. People seek asylum when they are fleeing conflict, violence, or serious events like natural disasters that have forced them to leave their homes.
Asylum is a human right, and international treaties confirm this. The 1951 United Nations Convention Relating to the Status of Refugees and its additional 1967 protocol establish the application modalities for asylum, while other laws like domestic and international criminal and civil laws also provide for asylum.
When applying for asylum, it is important to know the complexities of the process and have legal guidance to ensure that you are able to obtain the protections you deserve. While there are free legal form templates available for some immigration proceedings, it is advisable to consult with a qualified professional for tailored guidance.
A person may apply for asylum if they have been persecuted or fear that they will be persecuted on the basis of their race, religion, nationality, membership in a social group, sexual orientation, or political beliefs. Generally, the persecution must be real, not hypothetical.
If a USCIS asylum officer finds that an individual has a credible or reasonable fear of persecution, they will refer their case to immigration court to initiate a full hearing before an immigration judge. This can be a lengthy process, and it is helpful to have an attorney to guide you through your credible or reasonable fear interview and subsequent removal proceedings.