Political Asylum

At Pozo Goldstein, LLP, we believe in your right to live without the fear of persecution. Our attorneys can help you pursue political asylum in the U.S.

If you are pursuing political asylum in the United States of America, you may feel compelled to leave your native country or refrain from moving back to it because of racial, religious, or political dissention. For this reason, we urge immigrants to seek the professional guidance of a New York immigration attorney at our office. Political asylum can be obtained for a variety of reasons, namely:

Fear of racial judgment or harassment

Dissention between different nationalities

Religious persecution

Discrimination for social memberships

Political oppression

The right of asylum is a long standing political idea. Also known as political asylum, the right of asylum is rooted in ancient international laws that allowed members of persecuted political or religious beliefs to seek protection and refuge from another governing authority. These governing authorities included foreign governments as well as church sanctuaries. Ancient Egyptians, Greeks, and Hebrews even acknowledged the right of asylum for certain types of accused criminals – tradition later adopted and upheld by the established Christian church.

Political Asylum and the United States

Today, the idea behind the right of political asylum remains the same: individuals who live in fear of persecution may escape their country and seek shelter in another. The United States honors this right, as specifically noted in international and federal law. Every year, people come to the U.S. to escape poor living conditions or some kind of persecution.

In order to be protected by the United States under the right of political asylum, you must file a Form I-589, Application for Asylum and for Withholding of Removal. There is no fee to fill out this form and it must be filed within one year of your arrival in the United States. When you apply for political asylum, you are allowed to include your children and/or spouse on the application. Children may only be included if they are under the age of 21 and unmarried.

Employment Authorization and Political Asylum

You are not allowed to apply for permission to work in the United States when you apply for Political Asylum. If you decide to apply for employment authorization, you must do so after 150 days have passed since you filed your Form I-589, Application for Asylum and for Withholding Removal and the U.S. government has not reached a decision about your application yet. Once you are granted asylum, you may begin working as soon as you wish.

At this time, some Asylees obtain Employment Authorization Documents (EADs), but these are not necessary. You may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. Like your application for asylum, there is not fee to apply for employment authorization if your asylum is still pending.

How is an asylee different than a refugee?

There is little difference between refugees and asylees. The United States recognizes a refugee as someone who is outside of the U.S. seeking refuge from political, racial, religious, or some other form of persecution. An asylee is someone already in the country or at a U.S. port of entry – such as an airport, border, or seaport – who is seeing protection from persecution in his/her country.

In short, an asylee may already be inside the United States, whereas a refugee is not. Whether or not the asylee is in the country legally or illegally, he/she must file for political asylum within 150 days of their arrival. Refugees must apply for a green card (permanent residency) after staying in the U.S. for one year. Asylees are not required to do so unless they want to.

Political Asylum and Permanent Residency

If you are an asylee, applying for a green card may be in your best interest, though. Although there is no cap on the number of people granted asylum every year, there is a limit to how many people the United States government will accept for permanent residency. Also, if conditions in your native country improve and you have not obtained a green card, you may be forced to leave the U.S.

In order to apply for a green card as an asylee, you must live in the United States for at least one year after you have been granted asylum. After a year, if you decide to apply for permanent residency, you must file a Form I-485, Application to Register Permanent Residence or to Adjust Status. If other members of your family with to obtain green cards – such as your spouse or children – they must submit separate I-485 applications.