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POLITICAL
ASYLUM/ REFUGEE STATUS :
Political Asylum is a status available to individuals who have
made application to the CIS inside the U.S. or at the border
due to their claim that they cannot return to their home country
as a result of persecution of the individual by their government
officials, based upon his or her political opinion, race, membership
in a social group or religion. Application is made inside
the United States within one year of entry, or upon a showing
of a change of circumstances, by the filing of an application
on the required forms. The application is supported by documentation
establishing the nationality and prior residence of the alien
and proof of the treatment of the alien in the home country or
the likelihood that persecution would result if he or she were
to return. Documentation usually consists of verification
from international agencies of the country conditions that exist
in the home country, news articles and other press documenting
the persecutory behavior, documentation concerning the alien’s
status, membership, political opinion and proof that the government
or officials of the government in the home country would single
out the alien for persecution based upon membership in one of
the 5 categories.
The officer reviews the application and an administrative decision
is made regarding believability or credibility of the alien as
well as whether the statutory requirements have been met.
If the alien has been found to meet the criteria asylum is granted.
Once asylum is granted the alien must not leave the U.S. and will
be eligible for an adjustment of status after one year provided
the country conditions remain the same in his or her home country. |
In event that the asylum claim is not approved an Order to Show
Cause is served on the alien and with relevant family members are
referred to the Immigration Courts for deportation. The alien has
an opportunity to renew the claim before the Immigration Judge and
the standards remain the same for eligibility.
Requesting political asylum should be seen as a last resort and
used only in extremely well documented cases for the results are
adverse in event of a denial.
Refugee status is granted to persons outside of the U.S. Applications
and interviews are held at designated consulates or through U.N
organizations. |
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THE
HOLT LAW GROUP
