Political Asylum in the United States
What is the difference between “Refugee” and “Asylee” status?
The “Refugee” status and the “Asylee” status are closely related, as both are granted to individuals receiving asylum in the United States. However, while “Refugee” status is requested by people outside the United States of America, “Asylee” status is requested by individuals who are already present on the territory of the United States.
What is “Asylee” status and what privileges does this status provide?
“Asylee” status is granted to people who are in the United States and who cannot or do not wish to return to their home country due to persecution or a well-founded fear of persecution based on one or more of the following grounds:
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membership in a particular racial group;
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religious beliefs;
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membership in a particular ethnic or national group (nationality);
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membership in a particular social group, or
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political opinions.
It should be noted that economic instability in the applicant’s country of origin is not a valid ground for filing a petition for “Asylee” status.
If a person has been granted “Asylee” status, he or she may live and work in the United States, generally for an indefinite period. One year after obtaining “Asylee” status, he or she may apply to adjust status from “Asylee” to permanent resident status (holder of a Green Card).
Who is eligible to obtain “Asylee” status?
Any person who is in the United States or at the U.S. border, but is not a U.S. citizen, may apply for “Asylee” status. Of course, there are several exceptions to this rule.
A person applying for “Asylee” status may be in the United States in lawful status or may be out of lawful status.
The decision to grant “Asylee” status will be based on the information provided by the applicant in the application and communicated by the applicant during an interview with an immigration officer or during hearings in immigration court.
It is important to remember that a person may apply for “Asylee” status within one year of entry into the United States. However, there are also certain exceptions to this rule.
What grounds serve as the basis for obtaining “Asylee” status?
“Asylee” status is granted to people who have been persecuted in their home country for the following reasons:
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The most common reason for persecution is persecution based on political opinion. This category includes not only those who participated in student demonstrations, trade union organizations, or were active members of political parties or movements and were persecuted, but also ordinary, politically inactive people who suffered for expressing their views, opinions, or ideas.
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Another common reason for persecution is persecution based on religious beliefs. In this case, the specific denomination does not matter. An applicant for “Asylee” status can receive political asylum in the United States if they were not allowed to practice their religion in their country of citizenship or were persecuted because of their religious beliefs.
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Often people are persecuted because of their membership in a particular social group, for example, due to ethnic origin, race (skin color), gender (for example, attitudes toward women in Asian countries), or membership in a particular social group (for example, members of sexual minorities).
In order to obtain “Asylee” status, the applicant must convince the judge (immigration officer) that their fear of returning home has solid grounds. It is necessary to provide facts of persecution. An applicant cannot request “Asylee” status simply because someone wants to settle a personal score with them. For example, someone threatens to kill the “Asylee” applicant because that person stole money from them.
What is meant by persecution?
Persecution means: kidnapping, imprisonment, torture, threat of murder, beating, infliction of physical and psychological injuries, or deprivation of human rights (freedom of speech, religion, political opinion, etc.).
In this case, the persecutor can be either the government or representatives of authority (police, army, military organizations, etc.), as well as opposition groups or any other group that the state is either unable to control or that acts with the state's permission. It is very important to support your arguments with witness testimony or records of facts of persecution and harassment in your home country.
Is it necessary to document your statement (testimony)?
The judge (immigration officer) may believe the facts presented by the applicant in his/her written application and during testimony. However, documents can significantly strengthen the applicant's case and help prove the truthfulness of what was stated. For example: student or trade union ID, written statements from acquaintances, friends, colleagues or family members, a letter from a church or other group of which the applicant is a member, newspaper clippings about the applicant or his/her family, as well as newspaper articles evidencing the problems/difficulties of life existing in the applicant's country.
Can an applicant for “Asylee” status obtain a work permit?
Only after USCIS receives your application for “Asylee” status and 150 days have passed, you may file a request for employment authorization.
Does the applicant have the right to an interpreter during the interview or hearings in immigration court?
If the petitioner does not speak English, he/she is required to bring an interpreter to his/her asylum interview. The interpreter must speak English and the petitioner's language fluently. The interpreter must be at least 18 years old.
During hearings in immigration court, the court will provide its own independent interpreter, and therefore the applicant cannot bring his/her own interpreter for court hearings.
When is a court hearing scheduled?
A court hearing is scheduled if the applicant did not pass the interview with the immigration officer. At the court hearing, the applicant explains to the judge the reasons why he/she cannot return to his/her country.
In addition to the judge, the applicant's attorney, interpreter, and prosecutor (attorney from Immigration and Customs Enforcement — ICE) participate in the court hearing. Each of them plays a very important role in the hearing.
The judge — makes the decision on the applicant's case. One of the judge's tasks is to determine whether the applicant's story is credible. The judge may ask questions during the hearing or at the end of the applicant's attorney's and prosecutor's presentations.
The applicant's attorney — represents the applicant's rights. His/her task is to help the applicant explain the reasons for his/her fear and unwillingness to return to his/her country. At the beginning of the hearing, the applicant's attorney asks the applicant questions structured in such a way as to best convey the applicant's story.
The prosecutor — speaks immediately after the applicant's attorney. The applicant must answer all the prosecutor's questions; the prosecutor will try to show the judge that the applicant's story is not truthful and that the applicant does not deserve “Asylee” status. The prosecutor may phrase questions in a way to confuse the applicant or catch him/her in a lie.
The interpreter — translates for the applicant as well as for all participants in the hearing. The applicant must make proper use of the interpreter's services. To do this, it is necessary to construct sentences as short as possible, thus giving the interpreter the opportunity to fully translate the stated phrase.
What happens after the court hearing?
If the judge approves the applicant's petition and grants him/her “Asylee” status, the applicant has the right, after one year, to apply to adjust from “Asylee” status to permanent resident status (Green Card holder).
If the judge denies the applicant's petition, the applicant may file an appeal of the court's decision. During the appeal period (usually from 1 to 4 years), the applicant will be allowed to remain in the United States. However, during this time the applicant cannot leave the United States. If the applicant leaves the United States, he/she will no longer be able to re-enter, and his/her case will be closed.
Who is authorized to file an appellate petition?
The right to file an appellate petition belongs to the person who filed the application or petition for asylum in the United States. The person filing the appellate petition may also be represented by an attorney.
In what cases can the U.S. government revoke “Asylee” status?
The U.S. government may revoke “Asylee” status in the following cases:
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The political situation in the asylum seeker's country has changed (improved), and the refugee is no longer in danger of persecution in his/her country;
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False facts stated in the refugee's application have come to light;
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The refugee has committed a serious crime.
What happens if the applicant fails to appear at the court hearing?
If the petitioner for “Asylee” status received oral and written notice of the date, time, and place of the court hearing and did not appear, the judge has the right to conduct the immigration hearing in the applicant's absence. In this case, the judge will issue a deportation order in absentia.
Only extraordinary circumstances (for example, serious illness or death of a relative) that prevented the applicant from appearing on time for the hearing may constitute an exception to this rule.
In what cases can the applicant obtain permission for voluntary departure from the United States?
If the applicant fails to obtain political asylum in the United States and faces deportation, he/she may, to avoid deportation, file a petition for voluntary departure from the United States.
Voluntary departure is granted to applicants who:
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at the time the immigration violation charges were brought (presentation of Notice to Appear or Order to Show Cause) had been in the United States for at least one year;
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have sufficient funds to cover all expenses related to departure (deportation);
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have sufficient funds to post a monetary bond in the amount determined by the immigration judge (often in the amount of $500–$1,000. This bond is returned after the person departs the United States);
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can leave the United States within the period set by the Immigration Court;
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have not committed crimes in the last five years.
Are there ways to suspend deportation?
The Immigration and Nationality Act provides several possibilities for suspension of deportation:
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Cancellation of removal for a lawful permanent resident of the United States;
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Cancellation of removal for an undocumented alien;
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Temporary withholding of removal;
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Adjustment of undocumented status to permanent resident status of the United States;
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Legalization or registration;
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Voluntary departure from the United States.