Our Blogs

May 2, 2023

Seeking Political Asylum In The United States

Every human being has the right to life, liberty and personal security. And it is the obligation of governmental authorities to prevent actions that violate these fundamental human rights. But when a citizen faces political unrest or fear of persecution in his own home country, he may seek political asylum in the USA.

What is Political Asylum?

A refugee status or asylum is a form of protection offered to individuals who have been persecuted or fear that they may be persecuted on account of their nationality, race, religion, or political opinion. An asylee is a person who has applied for political asylum in the USA to avoid being deported to a country where they fear for their safety. Asylum can be sought in the United States under federal law by anyone who leaves their native land fearing for their safety.

Note: Political asylum differs from refugee status, which is typically sought outside of the United States through entities like the UNHCR or U.S. embassies.

5 Key Facts About Political Asylum

• Asylum is for those fearing persecution based on race, religion, nationality, social group, or political opinion.
• You must be present in the U.S. to apply, regardless of legal status.
• Form I-589 is required to begin the asylum process.
• If denied, you can appeal through the BIA, the Federal Court, and even the Supreme Court.
• Asylum leads to a Green Card and potential U.S. citizenship.

Who is Eligible for Political Asylum in the USA?

An individual may be eligible for asylum in the USA if they can provide evidence demonstrating either that they have suffered persecution or that they have a well-founded fear of persecution based on their race, religion, nationality, political stance, or involvement in a particular social group. The person claiming political asylum in the USA must also be physically present at a U.S. point of entry or be already present in the country using legal or illegal means.

To apply for political asylum, you must meet the following criteria:

• You must be physically present in the United States.
• You must be unable or unwilling to return to your home country because of persecution or a well-founded fear of persecution based on your race, religion, nationality, membership in a particular social group, or political opinion.
• You must apply for asylum within one year of your last arrival in the United States, unless you can show changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay.

Examples of Eligible Asylum Seekers (Entity Context)

• A journalist in Turkey is facing arrest due to political dissent
• An LGBTQ+ individual in Uganda fears criminal prosecution
• A religious minority from Iran is subject to systemic persecution
• A woman in El Salvador is escaping domestic violence with no state protection

These are examples of individuals belonging to “particular social groups” as defined by U.S. immigration law.

Filing a Political Asylum Application – Form I-589

To apply for asylum, you will need to complete and submit a political asylum application Form I-589, Application for Asylum and Withholding of Removal, along with any supporting documentation that establishes your eligibility for asylum. This documentation can include police reports, medical records, affidavits, and other evidence that supports your claim of persecution or fear of persecution.

If you have a spouse or unmarried minor children in the United States, you may include them in your asylum application. Documentation for your spouse and any children under the age of 21 who are not married must also be submitted. Your elder, married children, however, will need to submit their asylum applications.

To secure protections for your spouse or children under age 21, file Form I-730, the Refugee and Asylee Relative Petition, once your asylum is granted.

Affirmative vs Defensive Asylum: Understanding the Two Paths

Type	When It Applies	Who Handles It
Affirmative Asylum	Filed when the applicant is not in removal proceedings	USCIS Asylum Officer
Defensive Asylum	Claimed as a defense against removal	Immigration Judge (IJ) at Immigration Court

Knowing which process applies can greatly influence the outcome of your case.

Appeals Process After Denial of Asylum

If Your Asylum Is Rejected by an Asylum Officer:

• Your case is transferred to Immigration Court.
• You will present your case to an Immigration Judge (IJ).
• DHS attorneys will cross-examine you, and you may call witnesses.

If Your Asylum Is Rejected by the IJ:

• File an appeal to the Board of Immigration Appeals (BIA) within 30 days using Form EOIR-26.
• Your attorney must file a legal brief within three weeks.

If Rejected by BIA:

• File in the Federal Circuit Court of Appeals.
• As a final recourse, you may petition the U.S. Supreme Court.

What Happens After Asylum Is Granted?

• You can apply for a Green Card (Permanent Residency) after 1 year.
• You can apply for a work permit (Form I-765).
• You can petition for certain family members to join you.
• After 4 years as a Green Card holder, you may be eligible for citizenship.
• You may need Advance Parole to travel internationally without abandoning your asylum status.

Common Reasons for Asylum Denials

• Filing after the 1-year deadline
• Inconsistent testimony or evidence
• Past criminal activity
• Not meeting the “persecution” threshold
• Already resettled in another safe country (firm resettlement)

What You Might Ask Next

Can I travel internationally after getting asylum?

Yes, but you must apply for Advance Parole. Traveling to your home country may risk your asylum status.

Can I get a work permit while waiting?

Yes, after 150 days of filing Form I-589, you can apply for Form I-765 to receive work authorization.

Can I bring my parents to the U.S. after asylum?

No. Only spouses and unmarried children under 21 can be petitioned under asylum laws.

How do I check the status of my asylum application?

You can check via the USCIS Case Status portal using your receipt number.

FAQs About Political Asylum in the USA

What’s the difference between asylum and refugee status?

Asylum is claimed from inside the U.S. or at a border; refugee status is requested from abroad.

What is a “particular social group”?

It includes people with shared identity traits, like sexual orientation, ethnicity, gender-based violence survivors, or political activists.

Do I need an attorney to file for asylum?

Not required, but strongly recommended due to legal complexity and high denial rates for unrepresented applicants.

What is “withholding of removal”?

A related protection that prevents deportation but offers fewer benefits than asylum (e.g., no path to a Green Card).

Need Expert Help With Your Asylum Case? Contact Sidman Law Group

The U.S. asylum process is complex, time-sensitive, and highly technical. One small error can cost your future.

Sidman Law Group has helped hundreds of individuals secure their right to protection in the U.S. through experienced legal counsel and personalized strategy.

Call today at 818-981-0352