When the person applies for political asylum, he/she must apply at the Services Center with jurisdiction over the alien. After the petition is filed, the person will have an appointment scheduled with an Immigration Officer. The officer can recommend approval of the case or find that the case lacks a basis to recommend approval and refer the case to the Immigrant Court .
Who is Able to Obtain Asylum?
Any person who believes that he/she has been persecuted by a government or a group that the government cannot control. The persecution must be based on one of the aforementioned bases. Even a person who has come to the U.S. without inspection or with fraudulent documents can apply for asylum. Also, a person who has been in the U.S. for more than one year can apply if they can explain why they did not apply during the first year.
How Long Does the Process Last?
When a person applies for Political Asylum he/she must wait for the appointment to be scheduled, which will probably not take long. Previously the Immigration Service took a longer period of time to schedule an appointment. If the person has a favorable result, then Immigration Office will recommend approval, and the final approval will be sent subsequently.
After one year the person is able to adjust their status. If the Immigration Service doe not recommend approval, the case will be referred to the Immigration Court . In the Court the case can last from a few months to years depending on the circumstances.
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