The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees guides national legislation concerning political asylum. Under these agreements, a refugee is a person who is outside his or her country of nationality (or place of habitual residence if stateless) who, owing to a fear of persecution on account of a protected ground, is unable or unwilling to avail himself of the protection of the state. Protected grounds include race, nationality, religion, political opinion and membership of a particular social group. The signatories to these agreements are obliged not to return or refoule refugees to the place where they would face persecution and the principle of non-refoulement are accepted as a fundamental part of the convention. Since the 1990s, sexual persecution has come to be accepted in some countries as a legitimate category for asylum claims, where the claimant can prove that the state is unable or unwilling to provide protection. 

Synopsis History of Asylum:

Right of asylum (or political asylum) is an ancient judicial notion, under which a person persecuted for political opinions or religious beliefs in his or her country may be protected by another sovereign authority, a foreign country, or Church sanctuaries (as in medieval times). Political asylum should not be mistaken with modern refugee law, which rather deals with massive influx of population, while the right of asylum concerns individuals and is usually delivered in a case-to-case basis.[verification needed] However, the two may somehow overlap, since each refugee may demand to be accorded on an individual basis political asylum. This right has its roots in a longstanding Western tradition—although it was already recognized by the Egyptians, the Greeks and the Hebrews—Descartes went to the Netherlands, Voltaire to England, Hobbes to France (followed by many English nobles during the English Civil War), etc. Each state offered protection to foreign persecuted persons. However, the development in the 20th century of bilateral extradition treaties has endangered the right of asylum, although international law considers that a state has no obligation to surrender an alleged criminal to a foreign state, as one principle of sovereignty is that every state has legal authority over the people within its borders.

What are the Requirements for Obtaining Asylum?

The burden of proof is on the applicant for asylum to establish that he has a credible fear of persecution. The applicant may qualify as a refugee either because he has suffered  past persecution or because he has a well-founded fear of future  persecution.

An applicant shall be found to qualify on the basis of past persecution if he can establish that he has suffered persecution in the past in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that he is unable or unwilling to return to or avail himself of the protection of that country owing to such persecution.

An applicant shall be found  to have a well-founded fear of persecution if he can establish  first, that he has a fear of persecution in his country of nationality  or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering  such persecution if he were to return to that country; and third, that he or she is unable or unwilling to return to or avail  himself self of the protection of that country because of such  fear.

Why Heller Immigration Law Group, LLP, for Asylum?

Our firm is a top of the line immigration law firm in the San Francisco Bay area (and Silicon Valley ). As part of our practice, we include Affirmative Asylum Cases (generally we will refer out deportation defense); Mr. Heller, the founder and principal attorney of HILG, who has 25+ years extensive experience in Immigration Law, always comes upfront to help the deprived, battered, in fear, and exiled people - from all over the world. He is fully dedicated to fight for the rights and freedoms of his clients. Mr. Heller has been representing different ethnic groups and peoples from all over the world now for almost three decades before the USCIS, and at the various governmental agencies and courts in all jurisdictions.

Having prepared and represented global clients on asylum matters, our team fully perceives and can successfully articulate a client's situation for not just the following countries, but many others (not listed), including China, Nepal, Tibet, India, Bangladesh, Burma (Myanmar), Pakistan, Mexico, Guatemala, Honduras, Iraq, Afghanistan, Iran, Columbia, Burundi, Vietnam, Laos, Cambodia, Thailand, Philippines, Nigeria, Uganda, Ethiopia, Senegal, Turkey, Yemen, Russia, Algeria, Kosovo and Zimbabwe

HILG can certainly also handle ones TPS or deferred departure needs as well.

We would love to hear your situation and endeavor our best effort to approach a favorable resolution, including a prompt approval of one's I-589 (Asylum application), and 'employment authorization' (EAD).

Pertinent Laws and Statutes for Asylum

 

If you feel that you may qualify for Aslyum, whether a recent arrival, out of status, or presently in lawful status, such as F-1 (student) status, please contact Heller Immigration Law Group, LLP at: asylum@hilglaw.com, or call us toll free at: 1-800-863-4448.