Political asylum is a type of protection that countries grant to people who have to flee their home countries due to fears of persecution because they belong to a specific group. Asylum protects people from being deported back to their country, and, in the United States, it can offer an opportunity for citizenship.
Not everyone who might be in danger in their home countries is eligible. There are disqualifying factors for asylum in Charlotte, and an experienced asylum attorney can help you understand these and prepare for your application and immigration strategy.
Both asylees and refugees fear that returning to their home country puts them at risk. However, asylees seek protection from within the U.S. or at a port of entry, while refugees seek protection while based outside the U.S. People can file for asylum directly or use an asylum request as a defense in deportation proceedings.
Several factors may prevent you from pursuing an asylum immigration process in Charlotte. The first is that you must file for asylum within one year of arriving in the U.S. Waiting longer than a year can disqualify you from the asylum process, even if you would otherwise qualify, so it is crucial to begin as soon as possible. Having a previous asylum application denied is also a disqualifying factor.
Criminal activity often leads to disqualification. The guidelines state that a conviction of a serious crime prevents someone from applying for asylum. What is considered a serious crime is subjective, but aggravated felonies and violent crimes generally count. The government may examine criminal activity that occurred outside the U.S., as involvement in a serious non-political crime can disqualify you. However, political crimes can be the reason a person is pursuing asylum, so the context of the allegations will affect your eligibility.
Terrorist activity can also disqualify an applicant, including being a member of a terrorist organization. However, it may depend on whether the U.S. agrees with the designation of that organization as a terrorist organization. If an applicant could be considered a danger to the security of the U.S., they may be ineligible for asylum.
In Charlotte and around the country, a person may also be ineligible for asylum protection if they were responsible for persecuting others based on affiliations with certain groups, including:
However, the government typically examines the applicant’s specific circumstances. For example, if a persecuted child were pressured to persecute others, it would not necessarily make them ineligible for asylum. The government will also examine whether an applicant is resettled in another country. If the applicant is settled safely elsewhere, asylum in the U.S. may not be necessary.
It can be disheartening to think your asylum application will not be approved. However, understanding the issues ahead of time can help you plan your immigration strategy. Asylum may not be the best way to stay in the U.S., and you may need to find a sponsor and examine alternative visa options. You may be able to argue against asylum disqualification, but you need to provide substantial evidence to support your claims.
The team at Sussman Law Firm could help you review your options and provide support throughout the process. Schedule a consultation with a dedicated attorney to learn more about disqualifying factors for asylum in Charlotte.
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