Political Asylum and One Year Law?

In this article we discuss how to win a political asylum case in the U.S. and one year law. Keep reading until the end where I will be talking about an example of political asylum and one year law. So first what the law of the year says is that generally for political asylum cases, in order to be eligible for asylum, you have to file the application with immigration, with USCIS or with the court within one year of when you entered the United States. When it is with USCIS it is affirmative asylum, and when it is with the court it is defensive asylum.

Generally, if you have been in the U.S. for more than one year and have not filed an application, you will not qualify for political asylum. Immigration law is clear on this point. So, if he enters the U.S. requesting refuge, say on June 1, 2021, he would have until one year after this date in 2022 to begin the procedure. That is the one-year rule for political asylum cases. I say generally because if you do not qualify for an exception you cannot start the process after one year.

YouTube player

Sure, you can get in, but getting in and winning are two different things to get in and they approve differently. And if one qualifies for extraordinary circumstances, then even though more than a year has passed, one is still eligible for political asylum. If there are several categories, several exceptions, I would talk to you about some of them. Immigration law is very complicated, so it is important that you get legal help from a lawyer. An exception is that if something personal has changed in you, which even before did not qualify, if already by reason that thing changed, it is characteristic and you would qualify then. An example about political opinion, let’s say if you are from a country where they persecute, for example, like here in the United States they are Democrats and Republicans, let’s say in your country you were a Republican and Republicans are treated well normal.

But if one is a democrat, on the contrary, they are treated worse, they are persecuted. You came to the United States as a Republican, but after some time here, after studying or whatever, you changed your political opinion and you are already a Democrat, you already consider yourself a Democrat, that is what you believe. Yes, they would send you back to your country of origin, because as I told Demócratas they persecute them, they treat them badly. That would be an argument, so you still deserve to file for asylum and qualify for extraordinary circumstances. A judge at the court proceeding or an officer at the interview will make the decision if it qualifies. Therefore, it is important to obtain legal representation.

Although a year has passed and if the judge or the officer in the interview agrees that this is a valid reason for extraordinary circumstances, that if your life is in danger for this reason, that can be a valid reason, then they will let you file your asylum application and still follow the case as well. Basically, you are asking for refuge not because of what you are suffering, but because of what you will suffer from future persecution. For example, let’s say, if you are a Catholic, in your country of origin they treat Catholics well, it’s normal, they don’t treat them well. But let’s say, if you are a Christian or a Jehovah’s Witness, they mistreat them, they beat them, they persecute them.

You go to San Diego, San Francisco, or any other place in the United States as a Catholic, but after some time you become a Christian, your life would be in danger, right? Because before if they had deported you as a Catholic there was no risk, because in your country they treat Catholics well, but now that you are a Christian your life is in danger, because if they deport you they will harm you, because you have already changed a characteristic of you and your religion has changed. Or in the other example I gave your political opinion. And these are just general examples, right? It depends a lot on the facts of the country where you come from, which is what has changed, but not badly. I give you an example, there are also other exceptions. For example, another one is whether one has some legal status here, let’s say, whether they have like deferred action, they have TPS, they have a student visa, a tourist visa, whatever. And let’s say if they were still extending it legally.

As TPS is renewed every year, every two years, deferred action continues to be renewed. If it continues to be renewed, then that legal status may also qualify for an exception to the one-year rule. Deferred action is not specifically mentioned in the rule. Exceptions, but one can still be the argument and ultimately I would no longer like to talk about an example of a case. The person had basically been in the U.S. for 20 years and was still able to gain political asylum.

He qualified for an exception and won his case. There, in that case, since the person had the exception due to his legal status, due to a student visa, he legally renewed, he left it for a longer period of time. Here he also obtained other protections such as TPS, Deferred Action and with that, because he was illegal, they gave him the exception. The important thing to know is that it is winnable. Of course, it depends very, very much on the facts, but that’s why it’s important to talk to someone you know who has knowledge of these cases to help you.

Of course, it was not easy, there were arguments with the immigration law. He had to fight in court, but at the end of the day he won asylum through the U.S. government. He already has political asylum, got his immigration status, and no longer has to fear returning to his country of origin and future persecution. He is now a little more at peace and has the right to live in the USA.

The last thing, is that if you are a foreigner with a political asylum procedure you can get a work permit card, and a good social security. In addition, if a person wins political asylum, he or she may also be able to obtain permanent residency and a green card in the future.

Scroll to Top