THE HOLT LAW GROUP

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.