Asylum Based on a Political Opinion

Being a political dissident in many countries can be hazardous to your health and your life. Your family may suffer because of your outspoken political beliefs. When you’re in danger because of your political beliefs, you may qualify for asylum in the Untied States based on your political opinion. To ensure you receive a fair and thorough immigration interview, call an expert immigration attorney at Kats Immigration Law in New York City. Schedule a virtual consultation to see if you‘re eligible for this or any other type of asylum in the U.S.

What Is Asylum Based on a Political Opinion?

Asylum based on a political opinion is a form of protection you can seek if you leave your home country due to persecution or fear of persecution because of your political beliefs, affiliations or activities. Your political opinions can be any way of thinking regarding the government, like criticizing or protesting its policies, being part of a political organization, or making public statements that express your political views.

To win asylum in the United States, you need to provide evidence that you faced mistreatment based on your political beliefs. Persecution can be in many forms, such as:

• Imprisonment
• Torture
• Threats to life or freedom
• Physical harm
• Denial of fundamental human rights

Linking the persecution to your political opinion can be difficult, so you need to rely on the expertise of an experienced asylum attorney. The lawyers at Kats Immigration Law in NYC help you provide strong evidence to support your claim. Their qualified asylum attorneys have years of experience handling political activists from different countries just like you. You can request a virtual consultation with lead attorney Alina Kats to find out if you’re eligible for this type of asylum.

What Documentation Is Required to Apply for Asylum Based on Political Opinion?

You need to provide a personal statement drafting your experiences and reasons why you’re seeking asylum. You must provide the details about specific incidents that happened because of your political beliefs including location, dates and the nature of the persecution you faced, whether it was physical harm, threats or harassment.

Ideally, you also should produce witness statements from people who are aware of the persecution you faced, such as family members, friends or other people with the relevant information about your situation. Other documentation required for asylum-based political opinion include:

• Identification documents. Copies of your passport, birth certificate and any government-issued identification from your home country.
• Proof of political activity. Your membership card from political parties, pictures of you participating in political rallies, copies of articles you wrote documenting your political involvement, or screenshots of your online activities.
• Medical and police records. Documentation of your injuries, hospital reports of the treatment you received and reports filed with the police regarding threats or attacks against you.

Affidavits provide additional support for your claims, which can be statements from experts on your home country’s political situation, community leaders within your political party, or the attorney who has assisted you in your home country. If you received any threats due to your political opinions, you could include additional supporting documents like copies of threatening letters, emails or messages.

What’s the Process for Applying for Asylum Based on Political Opinion?

You must demonstrate that you’ve suffered persecution or have a well-founded fear of persecution due to your political beliefs. You need to fill out Form I-589 to apply for asylum and make sure it’s accurate with all your relevant details.

You must be physically present in the U.S. to apply and submit the application within one year of your last arrival in the U.S. unless you can show changed circumstances affecting your eligibility or extraordinary circumstances related to the delay. The process for asylum based on your political opinion includes:

1. Submitting your application. Submit your completed Form I-589 and supporting documents to the U.S. Citizenship and Immigration Services (USCIS). If you’re in removal proceedings, you may need to submit your application to the immigration court.
2. Receiving notice. Receive a receipt notice confirming that USCIS has received your application after its submission.
3. Going to a biometric services appointment. USCIS schedules a biometric services appointment where you provide your fingerprints, photographs and a signature. This biometric data is used to conduct background and security checks.
4. Attending the asylum interview. USCIS schedules an interview with notice of the date, time, and location of your appointment. Prepare for the asylum interview with the help of your immigration lawyer.

During your interview, the asylum officer may ask you detailed questions about your application, your political beliefs and the persecution you’ve faced. They assess your credibility and the consistency of your statements and send you a decision by mail. If your asylum application is approved, you receive a grant of asylum. Your case may be referred to an immigration judge for further review if it’s rejected. If the immigration judge denies your application, you can appeal to the Board of Immigration Appeals and in the federal courts if BIA also denies your request.

How Can an Immigration Attorney Help with Asylum Claims Based on Political Opinion?

Your attorney gives you an expert understanding of the legal principles and methodology for asylum claims. Your immigration lawyer assists you in locating documentation like your personal written declarations of political activities, experiences, witness affidavits and your country condition reports that exhaustively discuss the political environment and dangers that you face.

An asylum attorney explains what you need to prove if you fear being persecuted because of your political beliefs and makes sure that it meets all the legal requirements. Other services your immigration attorney may provide include:

• Constructing a convincing narrative about your political opinions, persecution and the threats of violence that you would face should you return home
• Helping you keep your story straight and your interviews on point, addressing any inconsistencies
• Ensuring that you’re effectively represented during asylum interviews and proceedings as they advocate for you and offer counterarguments to immigration officials when necessary
• Filing paperwork quickly and correctly
• Staying current on immigrant law changes and keeping you apprised of those changes

Asylum grants you legal status in the United States and provides access to many of the rights and benefits available to U.S. residents. Contact Kats Immigration Law in Brooklyn or Manhattan and get legal protections afforded by U.S. law.