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What is Political Asylum? Political asylum is granted to people who are afraid if they return to their home country they may be persecuted. People may also be granted political asylum if they left their home country because they were persecuted in the past. If you win political asylum, you can apply for your Green Card (permanent residence). To win asylum because you are afraid of returning to your home country, you must show the judge that your fear is "well-founded." Thus, you must convince the judge that you truly believe you're in danger, that you have good reasons for this belief, and that someone else in your position would also be afraid. You must show that you fear persecution in your home country or that you have been persecuted in the past. Persecution can mean that you have been, or may be, hurt, kidnaped, detained, jailed, tortured, threatened, killed, or beaten, or that your freedom was or will be taken away in any other way. The people who persecuted you or whom you're afraid will persecute you if you return to your home country can be the government (army, police, soldiers, elected officials, death squads, or others), the guerrillas, another opposition group, the civil patrol, or any other group that the government cannot or will not control. The people who persecuted you or whom you think will persecute you if you return to your home country must be persecuting you based on one of the following five reasons: - The most common reason for being persecuted is because of your political opinion. It doesn't matter whether you support or oppose the government. People who have been persecuted because of their political opinions and have won their asylum cases have included: people who demonstrate as students, are active in labor unions, or are members of political parties or the government. Sometimes, even if you don't have a political opinion, the persecutor may think you have a certain political opinion. He may persecute you because he thinks you have a political opinion due to things you do, groups you belong to, or your family's background. -Another common reason for being persecuted is your religion, no matter what religion it is. If you're not allowed to practice your religion or you are persecuted because of your religious beliefs, you may be able to qualify for asylum. Many times people who are religious workers, catechists, or members of Christian Base communities qualify for asylum. -Often people are persecuted because they belong to a particular social group. This means people who share certain characteristics such as: age, place where they live, family, ethnic group, race, nationality, gender or community. -Sometimes people are persecuted because of their race. This means that if you have been or may be persecuted because of your skin color, origin or background you may qualify for asylum. -Some people are persecuted because of their nationality. Nationality is similar to race. It can mean your country of citizenship, country of origin or your ethnic group. If the persecutor is after you because of personal reasons only, you will not be able to win your case. Yet, if you think he's going to persecute you for many reasons, one of which is personal, then you may be able to win your case. For example, if a soldier who is off duty threatened to kill you because he thought you had stolen money from him, that would not qualify as a well-founded fear of persecution for purposes of political asylum because the threat relates to something personal, strictly between the two of you. But if this same soldier then told his commander that you were a guerrilla, then we could argue the danger would no longer be just personal; it would also be political. The closer the persecution came to you, the stronger your case will be. For example, you would have a better case if you yourself were threatened or captured than if a fellow student or someone else in your town or family were threatened or captured. However, if you can prove that what happened to the other person shows that you are also in danger, you still may have a strong case. Your testimony, if the judge (or Department of Homeland Security official) believes it, can be enough to prove your case. You do not need documents. Even though you do not need them, documents are always helpful to show that parts of your story are true. For example, it can be helpful to show student or union I.D. cards, letters from a church or other group with whom you've worked, newspaper articles about you, your family or town as well as general articles showing the problems in your home country. Anyone who applies for political asylum and has persecuted someone else because of that person's political opinion, her membership in a social group, her religion, her race or her nationality may not be granted political asylum, no matter how strong the case may be. For example, if a member of the army or a guerrilla group participated in the kidnaping, torture or murder of someone else whom he suspected of opposing his group politically, this could mean he was persecuting another because of political beliefs and he will probably lose his political asylum case. Yet, if you were a guerrilla or soldier and hurt or killed another guerrilla
or soldier while you were fighting in a war, then you probably would not
be considered to have persecuted another and you may still be able to
qualify for asylum. PERSECUTION OF OTHERS Anyone who applies for political asylum and has persecuted someone else because of that person's political opinion, membership in a social group, religion, race or nationality may not be granted political asylum, no matter how strong the case may be. This is because the U.S. government has decided that such people do not deserve political asylum. If you have persecuted someone else then you will not qualify for asylum. This only counts against you if you persecuted the person because of her political opinion, her membership in a social group, her religion, her race or her nationality. Persecution can mean that you have hurt, kidnaped, detained, jailed, tortured, threatened, killed or beaten someone, or that you took away someone's else's freedom in some way. For example, if a member of the army or a guerrilla group participated in the kidnaping, torture or murder of someone else whom he suspected of opposing his group politically, this could mean he was persecuting another because of political beliefs and he will probably lose his political asylum case. Yet, if you were a guerrilla or soldier and hurt or killed another guerrilla or soldier while you were fighting in a war, then you probably would not be considered to have persecuted another and you may still be able to qualify for asylum. SOME IMPORTANT POINTS TO REMEMBER ABOUT YOUR POLITICAL ASYLUM HEARING To prove your political asylum case, you're going to have to have a hearing in front of an immigration judge. The purpose of the hearing is, to tell the judge your story of why you fear returning to your home country. The judge will decide if you qualify for political asylum. She'll decide in your favor if she feels you fear being persecuted in your home county and if she feels that fear is, real that is, someone else in your position could have the same fear and you aren't just making it up). Your representative, the Department of Homeland Security lawyer, a translator and the judge will all be at the hearing. Each person has a different role at the hearing. Your Representative: Your representative is on your side. Your representative's job is, to help you explain to the judge why you fear returning to your home country. Your representative and you will already have prepared an application and a declaration for the judge to read, but the judge wants to hear your story live and in person. The way you have to tell the judge why you are afraid to return to your home county in the court is different from the way most stories are told. In the court, the way stories are told is through what is called the direct exam. The direct exam is when the your representative asks you questions and you'll answer them for the judge. Your answer, will include everything that happened causing you to leave your home county and why you can't return. Most of the information your representative will be asking you will be based on your declaration. Department of Homeland Security (formerly Immigration and Naturalization Service) Lawyer: The Department lawyer will do what is called the cross exam. The cross exam is when the Department lawyer asks you questions right after your representative finishes with hers, and you have to answer these questions too. The INS lawyer will try to show you don't qualify for asylum. She'll do this by trying to confuse you, to show you're lying or being inconsistent, or that you really came to the United States to make some money, escape military service or for some other reason instead of because you feared being persecuted. You and your representative should practice the cross exam so you're used to it before the hearing. After the Department lawyer asks her questions, your representative gets another chance to ask more questions and then the Department lawyer gets another chance too. Thus, each side gets two chances to ask questions. Translator: The translator will translate the questions that your representative, the Department lawyer and the judge ask you into your language and will translate your answers into English. Some translators are better than others. You should learn how to best use a translator. It is best to practice with a translator before the hearing. If you speak in short, very clear sentences, it will help because it's hard for the translator to accurately translate more than a couple of sentences at a time. Judge: The judge will decide the case. She'll be looking to see if you're telling the truth. Judges feel that they can determine this. Thus, it's important for you to look her in the eye once in a while, act natural, believable, and confident, and not to look down at the ground. The judge will also be looking for inconsistencies in your story based on what you say during the hearing and also what the application and declaration include. Sometimes the judge may interrupt the questioning by the others, and ask her own questions. She may also ask questions at the end of the hearing.If the case is granted, one year later you can apply for your green card. It's a relatively easy application and generally will be granted unless you have certain criminal problems. If the case is denied, you WILL NOT NECESSARILY BE DEPORTED IMMEDIATELY. You can be given some time to leave or can appeal the case, which often takes 1 - 4 years. During the appeal, you will be allowed to remain in the United States with a work permit. (But you can't leave the United States or else you'll automatically lose your case.
Pour avoir l'asyle, nous devons prouver les points suivant: 1. Vous êtes en dehors de votre pays (simple). 2. Vous avez peur de persécution si vous y retournez. 3. Votre peur est subjective et bien fondée. Elle est authentique. 4. La persécution es due à: 1.) Votre race 5. Vous n'avez pas établi une résidence dans un autre pays - solidement re-établi. 6. Normalement, il faut déposer votre demande pour l'asile au
cours de la première année de votre arrivé aux Etats-Unis. One-Year Filing Deadline You are barred from obtaining asylum unless you prove by clear and convincing evidence that you filed an application within one year of the date of your arrival in the United States. This is an onerous rule, which is applied strictly. There are two exceptions: 1. If circumstances have changed, then you need not apply within one year of your arrival in the United States, but within one year of the changed circumstances. The most common example would be if you are closely-identified with the ruling party of your home country and are here on a student visa when a coup d'état results in anyone with your political standing being persecuted such that it would be dangerous for you to return home. 2. If there are extraordinary circumstances such as events or factors
beyond your control that caused the failure to meet the 1-year deadline.
This is an extremely limited exception and could only rarely be shown.
To claim ineffective assistance as a ground for such a deadline you must
explain what complaint you have made to disciplinary authorities or explain
why you have failed to make such a complaint. FOR OFFICE USE ONLY
Personal/Family Information Applicant's Name _____________________________________________ Address _____________________________________________________ Telephone No. (Home) _________________ (Work) __________________ Fax No. ___________________________________ Any other names used Ethnic Group ____________________________________ Profession/Work _________________________________ Education _______________________________________ Present Employer, if any Previous Employers Immigration Information Date of last entry ____________________________________ __________________________________________________________ If so, what type and when? __________________________________________________________ Has the applicant previously applied for asylum in U.S.? ____________ Has the applicant previously obtained asylum, permanent residency or
other immigration status in the U.S.? _________________ Has the applicant ever appeared before an Immigration Judge? ___________ When? ____________________________________________ Reasons for fleeing home country _________________________________________________________________ _________ Previous Denial. If an asylum applicant was previously denied by an immigration judge or the Board of Immigration Appeals, the applicant is ineligible unless s/he demonstrates changed country conditions. _________ One-Year Deadline. The applicant must file for asylum within one year after the date of his/her arrival in the U.S., unless s/he demonstrates changed country conditions or extraordinary circumstances to excuse the delay. _________ Firm Resettlement. The applicant is ineligible if s/he received an offer of permanent residency, citizenship or other permanent status in a third country prior to coming to the U.S., unless s/he is demonstrates that his/her rights were restricted in that country or s/he passed through that country in his or her flight from persecution, only remained as long as was necessary to arrange onward travel, and did not establish significant ties to the country. _________ Safe Third Country. If the applicant can be sent to a safe third country pursuant to a bilateral or multilateral agreement, s/he is ineligible to apply for asylum. To date, no such agreements exist. _________ Aggravated Felony. An applicant convicted of an aggravated felony is barred from asylum. Bars to Withholding of Removal and Asylum _________ Particularly Serious Crime. An applicant convicted of an aggravated felony is deemed to have been convicted of a particularly serious crime for purposes of asylum. If s/he received an aggregate sentence of five years or more for an aggravated felony or felonies, the crime is deemed to be particularly serious for purposes of withholding of removal . Other crimes which are not aggravated felonies will be considered on a case-by-case basis to determine whether they are particularly serious. _________ Serious Non-Political Crime. An applicant is ineligible for asylum and withholding if s/he committed a serious non-political crime outside of the U.S. _________ Persecutor of Others. An applicant is ineligible for asylum or withholding if s/he engaged in the persecution of others on account of race, religion, nationality, membership in a particular social group or political opinion. _________ Danger to the Security of the U.S. An applicant is ineligible for asylum or withholding is s/he is found to be a danger to the security of the U.S. An applicant who is found to have engaged in terrorist activity is deemed to be a danger to the security of the U.S. for purposes of withholding. _________ Terrorism. An applicant is ineligible for asylum and
withholding of deportation if s/he is found to have engaged in terrorist
activity. An applicant is barred from asylum for inciting terrorist activity
or for being a representative of a terrorist organization. Mere membership
is not a bar to asylum or withholding. I,____________________________________________ , state that I have translated into French the foregoing __________________________________________ and that I am fluent in French and English and therefore competent to provide such translation and that the translation is accurate.
Date: _____________________ Michael Trevelline Sample Request for Documentation - English Affidavit or Letter For Mr. ------ I am Michael Trevelline, Mr. ------'s lawyer. We need to prove that Mr. ------ deserves to be granted political asylum status. Mr. ------ needs letters or affidavits (preferred) written on his behalf showing that in suffer persecution, Mr. ------'s family was persecuted because of its , and that it would be dangerous for Mr. ------ to return to a to live. These affidavits should contain the following: 1. Address the affidavit to the Department of Homeland Security. 2. Begin with a paragraph describing who you are, where you live, and your occupation. 3. Then indicate how long you have known Mr. ------ or his family and how you know them; for example, are you, relatives, friends, neighbors, fellow students, etc. 4. If you can, describe the persecution inflicted on 5. If you can, describe the persecution inflicted on the ------s in and verify that this persecution caused them to flee . 6. If you can, verify that it would be dangerous for Mr. ------ to return to because of the persecution he would face. 7. Please add any other information that you consider to be important. 8. Send your statements to the following address:
9. If you have any questions, please call me at (202)737-1139 (or at 1-800-587-1700 if outside of the Washington, DC Metropolitan area). Déclaration Sous Serment (Affidavit) ou Lettre
Pour J'ai l'honneur de vous présenter en ma personne, Mr. Michael Trevelline, l'avocat représentant Monsieur ______________. Il nous incombe de prouver que Monsieur ______________ mérite le statut d'asile politique. De ce fait, Monsieur ______________ devra avoir des lettres de soutien et des affidavits soumis en sa faveur. Ces documents attesteraient au fait qu'il appartenait à tel ou tel parti politique, qu'il et son famille entretenaient des vues politiques en faveur de l'ancien gouvernement du président XXXX, et comme conséquence, en serait persécuté par le régime de YYYY . Je suggère qu'un affidavit contienne le suivant: 1. Adresser l'affidavit a l'US Department of Homeland Security. 2. Décrire Dans le premier paragraphe qui vous êtes, ou vous vivez et ce que vous exercez comme profession. 3. Indiquez ensuite la durée de votre connaissance de Monsieur ______________ ou de vos relations et la nature même de ces relations, par exemple liens de parenté, d'amitiés, de voisinage, de camaraderie, etc. . . . profession et autres. 4. Si possible, établir les faits et dates correspondantes, lieux d'événements et les fonctions exercées par l'intéressé dans la vie politique et ceux de ses parentés, spécifiquement: A. Son père est ancien. B. Monsieur ______________ est diplômé en . C. Monsieur _________________________ est marié avec. 5. Si possible, soumettre la date et les circonstances entourant une arrestation, le mal traitement physique ou la torture qui s'ensuivirent. 6. Si possible, exposer comment la famille de l'intéressé a été maltraitée, brutalisée, ou arrêtée. 7. Et non moins important, confirmer qu'un retour éventuel de l'intéressé à son pays serait très risquant et dangereux pour sa vie étant donné la persécution politique. 8. Ajouter n'importe quel autre renseignement que vous aurez estimé nécessaire a l'évaluation générale du cas. 9. Faire parvenir vos lettres à l'adresse ci-après:
10. Si vous avez besoin de renseignements supplémentaires ou autre
information, vous pouvez me contacter au numéro (202) 737-1139. |
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Law Office of Michael Trevelline |
