13. POLITICAL ASYLUM DENIED?
TOO LATE TO FILE?
An Application for Political Asylum is a difficult and risky application. Applicants should be aware of the risk. Instead, many people are led to believe that applying for Political Asylum is easy and simple because the applicant DOES NOT NEED:
· A Petitioner, or
· A Close relative who is an American Citizen or a Legal Permanent Resident, or
· A College degree, or
· A Job offer, or
· A Priority Date, or
· An Affidavit of Support, or
· A Legal entry to the U.S., or
· A physical presence of ten (10) years in the U.S., or
· Etc., etc., etc.
The applicant is told that he or she NEEDS:
· A Story (and many of the consultants preparing such applications also provide the Story).
All of this is complete nonsense - and very risky. It is true that it is easy to prepare an Application for Political Asylum and to file it - but getting it approved is very difficult. The Immigration Service has special Asylum Officers with special training to process such applications. Asylum Officers have extensive knowledge about the countries from which Asylum is claimed. At the Asylum interview the Officer is able, very easily, to expose the applicant's story for the fiction it is (if it is a fiction).
The risk in all this is that a denied Application for Political Asylum puts the applicant, immediately, in Removal Proceedings (Deportation) in Immigration Court. (To read more about Immigration Court - click here O.) What is worse, the applicant is "tied" to the Story. Discrepancies between the original Story and the applicant's later testimony in Immigration Court, could be taken against the applicant.
Therefore, if your Application for Political Asylum is denied by the Asylum Office:
· Expect a Notice To Appear (NTA) in Immigration Court for a Removal (Deportation) hearing;
· Retain the services of an experienced immigration lawyer;
· Explore all the possibilities (in addition to Political Asylum) to extend and legalize your stay in the United States.
If the denial came from the Immigration Court or the Board of Immigration Appeals (BIA),
· You may still have opportunities for another appeal or appeals,
· An experienced immigration lawyer should review the denial, your personal history and your immigration history and advise you about your options.
In summary, the best way to avoid a denial of an Application for Political Asylum is not to file one - unless you are advised and represented by a real expert in this complex legal specialty.
However, different considerations may apply in different circumstances: If you find yourself in Removal Proceedings (for other reasons, not for a denied Political Asylum) and your lawyer tells you that you have no other legal defense. In such circumstances it could be proper to make such an application. If you are beyond the deadline of one (1) year for filing Political Asylum, you may still apply for the related remedies of Withholding of Removal or Convection Against Torture.