Political asylum is a form of protection and an immigration status granted by the United States government to individuals who fear persecution in their home country on the basis of race, religion, nationality, political opinion, or membership in a particular social group. The application process requires extensive documentation and personal statements detailing the applicant’s history of past persecution and the fear of future persecution if returned to their home country. Immigration judges are required to weigh the evidence in each case and issue a decision. If the immigration judge’s decision is not favorable, an individual can appeal the decision to a federal court of appeals. If the appeals court upholds the original decision, an individual can request a review by the Supreme Court via a discretionary writ of certiorari.
Individuals applying for asylum should prepare to spend several hours at their interview with a USCIS asylum officer. Applicants should be sure to bring all the original documents they submitted to USCIS along with any other supporting evidence. Additionally, it is a good idea to bring a copy of their application and a list of qualifying family members who are in the United States. Applicants should also bring an interpreter, especially if they do not speak English.
At the interview, an asylum officer will examine each piece of evidence in their file to determine whether it supports a well-founded fear of persecution. This includes establishing both an objective and subjective fear. For example, in the case of Amanfi v. Ashcroft, the Ninth Circuit held that an alien can establish a claim of persecution on the basis of his sexual orientation or HIV status even if he is not actually a member of the particular social group (PSG) but is imputed to be one by his persecutor.