San Francisco Political Asylum Attorneys

Lawyers Helping Immigrants Apply for Political Asylum in San Francisco, CA

For people who are fleeing oppressive regimes, corrupt governments, or politically motivated violence, the United States may be the best place to live in safety and freedom. Political asylum provides vital protection to those who face persecution because of their beliefs or affiliations. Immigrants who believe they will suffer harm if they return to their home countries can seek protection under U.S. immigration law. For people in San Francisco and across the Bay Area, the attorneys at Hafey & Karim can provide compassionate legal support and help them take the necessary steps to remain lawfully in the United States.

What Is Political Asylum?

Political asylum is a form of humanitarian relief that allows people who are present in the United States to remain in the country legally if they can demonstrate a well-founded fear of persecution due to their political opinions or actions. Asylum can protect against deportation that would require a person to return to a dangerous situation, and it can also open the door to long-term stability. Those who are granted asylum can apply for work authorization, petition to bring qualifying family members to the U.S., and pursue lawful permanent residency after one year.

Types of Political Persecution

Persecution may involve serious harm or threats to a person's life, liberty, or security. People who are seeking political asylum may have experienced persecution such as:

• Detention or Imprisonment: People may be targeted for arrest by state authorities based on participation in political protests, criticism of the government, or membership in opposition parties.
• Torture or Physical Abuse: People may face mistreatment while in custody or by paramilitary groups aligned with ruling parties.
• Surveillance and Harassment: Intimidation tactics may be used by government officials, including home searches, monitoring of people's communications, or threats against family members.
• Censorship or Suppression: People may face punishment for writing, speaking, or organizing against a regime.
• Discrimination or Denial of Basic Rights: Some people may face systematic exclusion from employment, education, or social services based on their political views or affiliations.

In many cases, applicants are targeted not because of their personal actions, but due to their association with a political group or movement that is disfavored or has been banned by the government.

Requirements for Asylum Based on Political Opinion

To qualify for political asylum in the United States, an applicant must meet the following legal criteria:

1. Be Physically Present in the U.S. or at a Port of Entry: Asylum cannot be granted from outside the country.
2. Apply Within a Maximum of One Year: The law requires that asylum applications be filed within the first year after a person enters the United States.
3. Establish Past Persecution or a Well-Founded Fear of Future Persecution: The applicant must provide credible evidence showing that they were persecuted or are likely to be persecuted if they are returned to their home country.
4. Show Persecution Is Based on Political Opinions or Other Specific Factors: Harm or threats may be directly tied to the applicant's political beliefs or activities. Other grounds for persecution may also qualify for asylum, including persecution based on race, nationality, religion, or membership in certain non-political social groups.

In some cases, applicants may be subject to legal bars to asylum that could affect their case. These may include prior deportations from the United States, criminal convictions for serious offenses, or involvement in the persecution of others. At Hafey & Karim, our attorneys can help address any bars to asylum that may apply, helping our clients overcome any objections and demonstrate that they qualify for asylum.

Affirmative vs. Defensive Asylum Based on Political Grounds

Immigrants who are seeking political asylum may do so in two primary ways:

• Affirmative Asylum: A person who is not currently involved in removal proceedings can apply for asylum through U.S. Citizenship and Immigration Services (USCIS). Their application must include supporting documentation demonstrating that they qualify for asylum based on persecution due to political opinions or other grounds.
• Defensive Asylum: If an immigrant is already involved in removal proceedings, asylum can be raised as a defense against deportation. Their case will be reviewed by an immigration judge, and evidence may be presented in court to demonstrate that they are eligible for asylum.

In either type of asylum case, representation from a knowledgeable attorney is critical. An immigrant will need to prove that they have suffered persecution or are likely to face persecution in the future. Our lawyers can help gather and present the necessary evidence in political asylum cases.

Contact Our San Francisco, California Political Asylum Lawyers

If you believe that you may suffer harm because of your political beliefs or associations, the San Francisco asylum attorneys at Hafey & Karim are here to help. We can provide the legal representation you need throughout each step of the asylum process, and we will fight to help you protect your safety and ensure that you can maintain stability in the United States. Contact us and arrange a consultation by calling us at 214-506-0671.