In a person’s life, various incidents can happen. Very often, people have to pack and leave their homes for various reasons. This factor is quite negative and sad. An ordinary citizen finds himself in a situation where he has to look for a new home for himself and his family. There are times when you need to go not just to another city or district, but to another state. This kind of resettlement is easy to carry out. It all depends on the reason why a person wants to move to another state. In this article we will talk about a specific type of resettlement - legal asylum. This method of moving to another country is much different from immigration, which will be discussed in more detail later in the article.
It should be remembered that the legal shelter today is one of the fastest and easiest ways to move to live in a foreign country. The most popular country among people seeking asylum is the United States.
However, the asylum process in this country has its own legislation.
Legal Asylum: General Description of the Institute
Before answering the question of what legal refuge in the United States is, you need to understand the very essence of this international legal institution. In the international community, legal asylum is an institution based on international legal norms that enshrine the right of the state to grant asylum to foreign citizens from prosecution for various reasons. From here we can distinguish the main features of this category:
- The institute gives rise to the right, not the duty of the state.
- The political situation in the country of a foreigner should be negative. This fact is an explanation of the need for asylum by a person.
In modern international law there are two types of asylum: territorial and diplomatic. Territorial is a refuge in the territory of a state, and diplomatic - within the walls of a diplomatic mission, in the territory of a particular state.
Legal asylum in the United States has a special procedure that you need to not only know, but also understand. To do this, you need to understand the types of legal asylum and its history.
History of the Institute of Legal Asylum
There are many historical facts that confirm the existence of the institution of legal refuge in ancient times. For example, among many peoples, temples were a sacred place. Therefore, any manifestations of violence were prohibited within their walls. Criminals used this prohibition very often to conceal their crimes, as well as to avoid punishment.
According to the laws of Moses, in the east, some cities were assigned the status of "shelters." But not everyone could enjoy such rights. Shelter was given only to those who committed a blood feud and was afraid of similar actions from the relatives of the person killed by him. During Christianity, the right of asylum was greatly expanded. For example, during the reign of Justinian in ancient Rome, refuge in Christian churches and all church-owned territories was allowed, but the law did not extend to murderers and oath-criminals. Thus, the right of asylum has been known since ancient times. Today it has been modernized in many ways, adopting modern international legal trends.
Reasons for Legal Asylum in the United States
Political or legal asylum in the USA, as it is commonly called, is a process at the end of which a person is given the right to be considered a political refugee in the United States. To do this, the subject must be personally located in the United States and contact the immigration service. If he does not know the language or is experiencing any difficulties, then he has the right to ask for help from law enforcement agencies, which, in turn, are obliged to deliver him to the immigration service. Asylum is given even to people who have crossed the US border illegally if they are afraid of persecution or possible persecution by the authorities of their native state or for other reasons. The following facts may be grounds for fear:
- Belonging to a certain nationality.
- Belonging to a particular race.
- Political or religious views.
- Belonging to a social group.
Legal asylum in the United States can only be obtained on the basis of the above facts.
Terms of receipt
You need to understand that obtaining political asylum in the United States is a legal procedure that is regulated by the laws of America.
In order for it to pass with a positive result for a foreigner who is afraid of persecution, certain conditions must exist, namely:
- An individual must stay in the United States for one year. During this time, the subject must contact the immigration service.
If the period of stay has been exceeded and the person has not applied to the appropriate services, he must prove the fact of the impossibility of submitting an application within the allotted time. It can also be proved that the danger of persecution has appeared only recently.
- The path to the United States should be direct. This means that you should fly one flight or sail on the same ship, without stopping or disembarking in any transit countries. Otherwise, the U.S. Immigration Service may ask why the subject did not seek asylum in another country.
- It is necessary to prepare special documents, all evidence, and also fill out the necessary forms.
Political asylum in the USA cannot be granted to those persons whom the relevant authority recognized as dangerous for America’s national security.
Staying in the country before obtaining asylum
According to US laws, it doesn’t matter how a person got into the state. The basis may be a student visa, as well as labor, tourist, etc. Illegal crossing of the state border will not be a violation only if the person has applied to the immigration authorities, as mentioned above. The asylum application will be considered in any case. At the same time, a person is not deported from the territory of the country until the moment of consideration of his request. You can apply for political asylum in the United States under any conditions. This can be done without any problems. But in order to win in this process, efforts should be made.
Collection of necessary documents and filling out forms
First you should fill out Form I - 589. It contains all the basic data: race, political views, religion, social group.
The reasons for concern, as well as the facts confirming the persecution in the home country, should be detailed.
Evidence includes medical certificates, newspaper clippings, identity documents, membership in political organizations, and threatening letters. All documents can be translated into English. Any documents issued by foreign authorities are subject to notarization. The collected documents are sent to the right department by mail or submitted in person. Six days later, an agenda will be given for interviewing.
Interview with an immigration officer
The interview is conducted by an immigration officer.Its main purpose is to find out what prompted you to seek political asylum in the United States. The officer will ask questions about the most insignificant facts.
They need to be answered fully and logically. There is no need for ambiguity. In no case should you lose your temper. The interview lasts about an hour or two. A lawyer may be present during an interview with the asylum seeker. It will help throughout the process, as well as clarify some legal aspects of US law. Usually, within two weeks after giving an interview, an official response from the immigration authorities comes.
Trial
The decision of the immigration service can be either negative or positive. If a person is denied asylum, then it becomes possible to apply to the Immigration Court.
You can apply for asylum again with this authority. After the case is sent to court, it must be considered within 180 days. It does not matter what nationality or race the asylum seeker is. This fact completely dispels the myth that there is no political asylum in the United States for the Russians. If a court has issued a decision to refuse asylum, it can be appealed on appeal in accordance with United States law.
Conclusion
So, we found out that almost everyone can get asylum in the USA. At the same time, the applicant has many ways to prove his exclusive right to refugee status. Also, the article examined the entire procedure that allows you to obtain political asylum in the United States. The year 2014 was known for the abolition of certain rules on the exercise of the right to asylum, but the regulated procedure remained unchanged.