It is unclear whether or not being politically neutral can constitute a political opinion. Do Not Sell My Personal Information. 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). 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. The best way to demonstrate your credibility is to provide clear, consistent details about your claim. 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. Political opinion can sometimes take other forms, such as: Domestic violence 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. Race, religion, and national origin are fairly straightforward. of the way, which has not only made this easier, but also less stressful. 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. An asylee typically cannot return to his or her home country, except under certain circumstances. She was always available and provided thought through answers to our. multiple questions. Attorneys can help find an interpreter and represent refugees in interviews and in the process of deportation to the immigration court. If the asylee has a spouse or a young, unmarried child outside of the US, he or she can apply to get them a visa to enter the US. 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 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. A protected ground can be actual or imputed. Fuentes, 19 I&N Dec. 658, 662 (BIA 1988). Guatemalan military was his political opinion, a protected ground under the Immigration and Nationality Act ("INA"). You can also go to the United States and make an asylum claim at the border. Race, religion, and national origin are fairly straightforward. Tribal and ethnic groups, female victims of domestic violence, and people who are lesbian, gay, bisexual, or transgender (LGBT) commonly fit into this category. One of the grounds frequently claimed by applicants is asylum based on political opinion. This philosophical question becomes a real-life controversy when an alien seeks asylum in the United States under the Refugee Act of 1980 ("Refugee Act")' by claiming a fear of persecution on account of his neutrality rather than because of a traditional political stance. Strictly confidential. 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. qualities as a lawyer. New York Russian speaking lawyer Alena Shautsova is located in Brooklyn and serves New York City, Manhattan, Queens, the Bronx and surrounding communities. I knew that I needed asylum, but I did not know where to start. 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. She has been diligent with my case and has been with me every step. 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. It can be simpleaffiliation with a specific political party that opposes or is not recognized by the government, as long as belonging to such a group hasresulted in persecutionorfear of persecution. In some states, the information on this website may be considered a lawyer referral service. She focuses on how others feel. Citizenship and Immigration Services (USCIS) or defensively with the Immigration Court, you will have to provide evidence to demonstrate your claim. One of the grounds frequently claimed by applicants is asylum based on political opinion. political opinion. Outcome is a green card without even going on the interview. 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. 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. Many forms of free speech are not normally considered political in nature but are still worth protecting. 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. The principal claim is based on political opinions. 150, 176 (1954), 19 U.S.T. Political asylum is an application filed with U.S. Attorneys help applicants to fillout the necessary immigration forms and not make any mistakes in their filing. In many ways, it was a standard-issue case-the type of case that cynical judges and DHS attorneys tend not to . If you are eligible for asylum you may be permitted to remain in the United States. Thanks to her, I won my case. The BIA . The law, however, interprets political opinion much broader than that. Seeking Asylum At The U.S.- Mexico Border, The Benefits of Applying for Asylum in New York. 814 (1992) held that, in discretionary asylum proceedings under section 208(a) of the 1980 Refugee Act, a "generalized political mo-tive underlying the guerrillas' forced recruitment"' of an alien seeking asylum was insufficiently "political" to warrant a fear of persecution on account of political opinion." 2004) (quoting Grava, 205 F.3d at 1181). 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? For example, a Ukrainian businessman was once granted asylum because he told high ranking government officials about local police corruption and was persecuted because of it. 8 U.S. Code 1158 - Asylum. Such a change in the schedule of interviews will make it possible to weed out those applicants who use groundless statements and try to use this process solely to obtain a work permit and will enable the USCIS to immediately identify such persons and begin the process of their deportation. 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. I called and was provided free information about the process. Some apply for political asylum on their own, filling out Form I-589 and attaching a declaration. 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. TO HOLD A POLITICAL OPINION: IMPLICATIONS FOR ASYLUM IN THE UNITED STATES AND THE UNITED KINGDOM . Unfortunately, many governments around the world do not respect this basic human right and persecute anyone that speaks out against them. Political opinion is more than just what political party you support, though this might be a reason why you were persecuted or fear persecution. To every wondering whether or not to go to her, I recommend that you do because she is excellent at her job which makes her an excellent attorney. We have helped people from all over the world fleeing persecution to gain asylum in the US. Regarding the requirements for asylum, the IJ first found that, although Portillo was . Details should include things like names, dates, and full descriptions of the events leading up to and including your persecution. Both asylum and withholding of removal are based on a showing of persecution on account of a statutorily protected ground. 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 . The Immigration Judge is independent from the government and can grant asylum over the governments objection. There is no limit to the number of people who can receive political asylum in the United States. An affirmative asylum application can be done while someone is in the United States in any immigration status, or even with no status. Antonyan v. Holder(9th Circuit, 6/29/2011). This firm is just amazing ! Being able to speak out and disagree with the government is one of Americas most important values, and it protects political refugees accordingly. Under United States immigration and asylum law, there are several reasons for which asylum may be granted. Persecution means that the harm an asylum seeker is afraid of is severe enough to be considered a serious violation of ones human rights. We use cookies to deliver our online services. Call us toll free at (888)ZONTLAW /(888)966-8529 today. 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. From the beginning to the end an exceptional service. If the Asylum Officer rejects the affirmative asylum application, there is no appeal. 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 Fast and efficient. As a result, the person was arrested, beaten and tortured by the police. 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. I would recommend their services to anyone that does not know how to proceed with asylum. 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. I knew I couldn't go back, but I also didn't know what to do. An imputed political opinion is sufficient for asylum purposes. Furthermore, anyone who is persecuted for resisting the one child policy in any way is also considered to have a political opinion. In my opinion we need more immigrants and fewer asylum seekers. 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. Quick on respond, reliable and very professional. She is efficient, honest and trustworthy! Our case was lost and after countless attempts to reach USCIS, I finally called Julia. Applicable U.S. laws define political opinion in several ways. Venezuelans need to understand that being a Venezuelan doesn't automatically make them eligible for asylum. Iam so thankful for her and thankful for everything she has done. political opinion. 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. 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.. Help me with my immigration case without a flaw. asylum officer determined that the petitioner had a credible fear of harm in his homeland. 5. Or, visit your local site: Political asylum can help you secure a future for your children: one that is free from persecution. Julia is a very professional lawyer. I. The United States has a strong commitment to human rights at home and around the world. Imputed Political Opinion. 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. In certain circumstances, you may also be able to seek asylum in the United States based on your imputed political opinion. However, the IJ wasn't persuaded from the record that Zelaya's opinion was why the gang beat him. 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. 208.1 (d) Political Opinion. San Francisco Bay Area Advisory Council San Francisco Bay Area Jobs Asylum (Defensive) Brief (Political Opinion, Fourth Circuit) This is a sample defensive gender-based asylum brief filed in an immigration court in the Fourth Circuit. An imputed political opinion is sufficient for asylum purposes. 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. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. 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. If returned to Mexico, she said, she would be attacked for those beliefs. . 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. Immigrants Seeking Visas, Asylum, and Green Cards, What Persecution Means Under U.S. Asylum and Refugee Law, convince the asylum officer or immigration judge. 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. 2. Attorneys have the right to intervene in the process by using immigration law at all stages of the proceedings. Great attorney. 15. Or, visit your local site: I want asylum In USA! In their decision dismissing the petition in part and denying the . (For a look at some common examples of political persecution, see Claiming Asylum Based on Persecution on Account of Political Opinion .) @ 8 U.S.C. Political Opinion. I fled my country to the United States with zero idea what I was going to do. FREE ASYLUM CONSULTATION Submit the form below. Prior to that, in a case called Matter of A-G-G-, 25 I&N Dec. 486, 488 (BIA 2011), the Board set forth a framework for determining . 2012) (citing 8 U.S.C. 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. . I was lost when I arrived to the United States, and scared for my life in my home country. All Rights Reserved. Or, visit your local site: One of the most common categories for asylum is based on ones political opinion. 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. Amazing results! In just 3 months after she. An asylum applicant must establish that the persecutor acted, or that there is a reasonable possibility that the persecutor would act, against the applicant on account of the applicant's race, religion, nationality, membership in a particular social group, or political opinion, or on account of what the persecutor perceives to be the applicant . The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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 Asylum USA helped me to understand how asylum works in the United States. Mr. Murugan then appealed to the Eleventh Circuit Court of Appeals. By using this website you consent to our use of cookies. The site has an overview of the asylum process for both asylum seekers and pro bono attorneys. In so holding, the BIA wrote See Arvalo-Girn v. Holder, 667 F.3d 79, 82 - 6 - (1st Cir.