Interview: how to get political asylum in the United States
Well, our last tour of immigration to the West took a little time, but the world has already changed dramatically – at the helm of the United States of America stood up, perhaps the most extraordinary President in the history of the country. In his campaign, Mr. trump has done a lot to promise: on the heavy wall on the border with Mexico and tax reform has long been go to a different gossip. But most likely future policy of the new head of the White house, so it’s a future war with illegal immigration.
Tougher penalties for being in the U.S. with an expired visa forced deportation of all illegal immigrants who have problems with Us law – apparently, it will be only the beginning. There are fears that, over time, to seek refuge in America will become very difficult. However, to make this issue better by discussing it with a specialist. Gary Royl for 15 years working as an immigration lawyer in the United States and the problem
Why do people seek asylum in another country, and what is the difference from political, for example, ideological?
People are afraid of persecution. For various reasons: because of religion, race, sexual orientation, social class, and of course political ideologies. And blame the state, which either initiates the pursuit, or does not control them. Because it is often the threat of life — yourself, family, close people. And I must say that the shelter received not only because of the persecution in the past, but with the confidence that they will be in the future.
However, political asylum is only the name, not based on politics. Of course, if you belong or belonged to any political party, then Yes…
So who and under what circumstances can obtain such a shelter?
To ask for political asylum can only people staying on the territory of the United States. If, for example, was visited by the whole family, father, mother and children — they all go as a group and all together served on political asylum. There is only one thing: children must be under the age of 21. If the children are 21, then they should submit separately.
But if the person is already in USA, and illegal, he may file a petition?
You know your
Not that we were worried, but… a criminal record can seriously affect this?
You know what it is: a criminal record is different. If a person has committed a crime or in the United States or in their homeland, it will be considered by the immigration office and then immigration court. Also to be considered, what kind of crime you have committed. If your crime is associated with the persecution of people on your former homeland, of course, no one will give you political asylum. But this issue will be considered. The crimes differ. I’m certainly not going to differentiate one crime from another. It all depends on what you have done.Can you describe, how do I filing for asylum? And we’ve heard there’s some kind of special duty.
The procedure depends on the condition of the client where he is. For example, if a person came to the United States, came to the lawyer and asks to apply for political asylum, then served the petition with all accompanying documents, with all the explanations of his case. A petition served in state immigration office, which deals with issues of political asylum.
If a person, say, was here illegally and ended up in immigration prison, then the attorney represents the person in immigration court. That is, it is not in any office. It all depends on where the person is at liberty or not. And there is no fee. It does not exist when applying for a work permit unless the person filing for political asylum. In other cases it is.
Do I have to know English in order to obtain asylum?
One thing is for sure: even if a person comes to me and says that he knows English, I would still suggest he take a translator. Unlike a court, where an interpreter, the office, which considered the case on political asylum does not. You know, as good as man did not know English, it is better to interview at the immigration office in your native language and bring an interpreter.
Sure, this is my advice. The people at these meetings are worried — after all, it is a vital procedure — and I can say that something is not right. And this will affect the decision, ultimately. So it is better to play it safe to avoid mistakes.
Actually, are there any benefits or advantages to political asylum?
Of course. If the migration Department to grant the request, then in a year the person receives a residence permit with the name green card. And not only he, but members of his family who were in USA at the time of filing their petitions. Even if they are in another country, you will have no problems — just need to specify this in the questionnaire. After obtaining a visa relatives come here and receive the same status and a permanent place of residence.
In the event of failure? Links to native land?
In such cases, the immigration office will refer the case to immigration court. And all this happens at the place of residence where the person filed. For example, if you live in Sacramento, the request should be submitted to the immigration office in San Francisco. If a person is denied at the interview, in a short time his case is transferred to immigration court in San Francisco begins hearing in immigration court, where the case can and should be complementary. But you can’t change the essence.
And it will remain the same as when applying for an interview. In any case it is impossible to change it, otherwise the court will treat this with great suspicion. You need to add the case-documents, living witnesses who are here, and you can invite to court, and certified by the testimony of witnesses who do not reside in the United States. But it is important that they be certified.
But failure is not the end? You can stay in USA even after the court decision?
Usually in the court held 3 or 4 meetings. It depends on many factors, for example, the court requires any other documents or lawyer requests to postpone the hearing, because it is impossible to consider the case without witnesses, which is very difficult to lead, or experts. By the way, is very important. Preferably the presence of experts. But if in the immigration court the case was lost, the end is not yet.
For 30 days served application for leave to appeal, and when it comes the answer from the appeals Board should itself appeal. But if denied there, you may apply to the Supreme Court of America, but I have my practice never done, but heard about it.
We understand that this is a fairly lengthy process. Is it possible to get a job at this time?
Sorry, now changed order. If even 5 years ago when applying for political asylum could immediately apply and get work permit, now it can be done only after 150 days, exactly 5 months after the filing of the petition for asylum. So that will have to be patient. And my advice: try, if possible, not to work illegally, without work permits. Of course, sometimes it is quite difficult, and the man does as he sees fit. But still not worth it.
Well, in a different city to go after the filing of the petition?
Of course, this is America, no you won’t keep on a leash. Must notify the office where a petition was made for asylum — send a written notice of change of address.
And in another country?
I really do not recommend to leave the United States, and especially to return to the country of his birth, where did you run away and ask for political asylum. In any case do not return to the country if you ask protection from the United States from persecution in this country. Your case then you can forget it will not happen. As for travel to other countries — better to wait for an interview, and then to travel.Finally, how important is the support of an expert in the asylum?
As I said, when you go on such a serious matter, it is advisable to have a professional who spent a lot of cases and knows the procedure from A to z: what you need to do, what will happen in an interview and in court, how to prepare a case. Don’t swim adrift, and count on the professional and his help. I would also like to add: never take yourself verdict. If you think that the situation faced by you or your family, hopeless, consult