Can you apply asylum in any States of your choice or do you need to apply from where you are currently residing?

Political Asylum 6 views 4 answers
I am an international student with a valid F1 visa. Due to the political situation of my home country, I am planning to apply for asylum in the States. But I don't know where to file. Currently I am in New York for the summer break but I go to college in South Carolina. Some people tell me that it's easier in New York since it is a melting pot of immigrants than South Carolina. So I am in desperate need of some legal counsel. Does the political party of each State has any impact on your application? Please help.

Attorney Answers

4
C Abbott ·
Asylum is an immigration benefit offered if an immigrant qualifies under the INA. It is not dependent in any way on the State politicians. Federal asylum officers are trained and enforce the law and regulations throughout the country based on Federal legislation, Federal court decisions, and Federal official regs and policy determinations. The asylum application asks specific questions as to the applicant's residence. You file in the State where you are resident under the Federal definition. Court / office shopping is not permitted and the application will be assigned to the proper local office for review and you will be placed in the queue at that office. I hope this helps. Colin
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Kyce Siddiqi ·
You file based on where you reside and not based on State politics.
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Cameron Huey ·
No the political party has nothing to do with anything. I also bet you didn't know that Republican President George W. Bush deported fewer people than Democratic President Barack Obama and twice tried to enact immigration reform with Mexico's Presidents. You ahve to apply where you are domiciled which is usually where you currently reside and live. You also HAVE to hire an attorney. An attorney is necessary in an asylum case because an attorney will do the following: 1. Draft an application that meets the LEGAL STANDARD for asylum - do you know what that is? 2. Submit documents and declarations to establish PROOF. 3. Attend the interview. 4. Make arguments after the interview that could make or break a hard case. Pro Per applicants fail at an alarming rate. If you fail you can expect to be referred to removal proceedings and you can expect to leave the country on the government's dime. Many attorneys offer free consultations so you have to get an attorney.
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