How to get a green card through religious asylum in the United States? How many years will it take?

The application 180 days should get a reply, and you can apply for a green card after one year.

Step 1: The applicant enters the United States.

People seeking political asylum can apply after entering the United States, or apply when entering airports, borders and other ports in the United States for immigration inspection. No matter whether an individual has legal status or not, whether he has a legal visa or passport, he can apply as long as he arrives at the US port.

Step 2: Apply

Only when the applicant is not informed to report to the immigration judge and enter the expulsion procedure can a person apply for political asylum directly to the immigration office. This is because in the immigration law reform after 9 1 1, the immigration bureau was placed under the Department of Homeland Security (DHS), and the immigration judges still belonged to the Ministry of Justice (DOJ). Usually, unless there are special circumstances, a person must apply for political asylum within one year after entering the United States. This deadline is calculated from the date of the applicant's last entry into the United States. The special circumstances mentioned above refer to two situations: first, the applicant can prove, or the national conditions of the country where his nationality is located have changed, so that the applicant will be persecuted when he returns to Congress in the new environment, or the applicant will be persecuted after his actions during his stay in the United States; There is also a special case, such as the dereliction of duty of the attorney, which makes the applicant unable to apply within one year.

An applicant for political asylum is not eligible to file a new application if he can't give new reasons, and he has previously applied for it and was rejected by the immigration judge or the immigration appeal board. If the applicant can be safely sent to a third country with bilateral or multilateral treaties between Britain and the United States, the applicant is not eligible to apply.

If you decide to apply for political asylum, the applicant can hire a lawyer or fill out the I-589 form by himself, and then mail the whole application package to the regional service center of the Immigration Bureau, which has jurisdiction over the applicant's permanent residence in the United States. Once the regional service center receives the application, it will send a notice to your lawyer and yourself, telling you that your application has been accepted.

1, conditions and regulations for applying for asylum

To successfully apply for political asylum, the applicant should be able to prove that:

1) The applicant has been persecuted in the past, or is really afraid of persecution. This is called a well-founded fear.

2) The persecution suffered by the applicant is based on race, religion, nationality, political views or membership of social groups.

The so-called well-founded fear has always been the focus of debate in court. It was not until 1987 that the Supreme Court clearly explained in a case that the fear of persecution was reasonable, and the applicant had to prove that he had been persecuted in the past or had reason to believe that he would be persecuted with specific facts.

As for persecution, it means that the persecutor slightly punishes the beliefs or characteristics of the persecuted person, causing physical and mental harm to the persecuted person, such as discrimination, corporal punishment, and prohibition of leaving the country. If the government deprives a person of his freedom and property without judicial procedures, it will constitute persecution because of different political views.

It should be noted that criminal punishment is not persecution, and harassment itself does not constitute persecution. While slaughter, torture and slavery are persecution. Long-term unequal treatment can also constitute persecution. Although economic deprivation can also constitute persecution, it must be proved that deprivation is excessive and unique.

In order to prove a reasonable fear, the applicant should show that:

1, the applicant has certain beliefs or characteristics, which will lead to persecution by the persecuted.

2. The persecutor knows or may know the beliefs and characteristics of the applicant.

3. The persecutor has the ability to persecute.

4. The persecutor has the will to persecute.

Generally speaking, the persecutor must be the government, or when persecution occurs, the government stands by or refuses to help the persecuted.

It should also be pointed out that to prove that fear will be persecuted, evidence must be presented from both subjective and objective aspects. Subjectively speaking, the applicant should prove that he is really afraid of persecution; Objectively speaking, the applicant will indeed be persecuted in life. Neither is necessary anymore. If persecution is rampant in a country's government, but the applicant is not afraid of persecution, or although the applicant is afraid of persecution, the country where it is located will not be persecuted, and the applicant's application will not be approved.

Finally, persecution must be based on the above five reasons, namely, race, religion, nationality, membership of social groups or political views.

2. Under what circumstances can I not apply for political asylum?

1) Stay in a third country for a long time.

If the applicant has stayed in a country for a long time before entering the United States, he cannot apply for political asylum. The legal definition of long-term residence is to obtain the right of long-term residence, citizenship or free access. The factors considered include living conditions, work permit scope, whether the land owns real estate, whether it has the rights of citizens of the country, and so on. It should be noted that if the applicant's parents, spouses and other relatives have long-term residency in a third country, they will also image the applicant's application for political asylum. If you live in other countries for a long time, you can still apply for a stay of deportation. The difference between suspended deportation and political asylum is that people who suspend deportation cannot apply for a green card or apply for relatives to come to the United States.

2) Persecute others.

Applicants who have persecuted others cannot apply for political asylum or suspend expulsion, even if they are not out of their own will or forced to persecute others, their application will fail. In one case, Dr. China performed an abortion on a patient and applied for political asylum, but it was not approved.

3) Come to the United States for more than one year.

If you have been in the United States for more than one year before applying, you will generally be rejected by the immigration department. If you have been in the United States for more than a year before applying, you should explain why you didn't even apply. Acceptable reasons include long-term illness, changes in national situation, changes in personal circumstances, and the applicant's birthday just after 2 1. At present, except for a few asylum applications filed after coming to the United States for one year, the Immigration Bureau will usually hand them over directly to the immigration court, and the judge will decide whether the applicant's situation is exceptional, thus allowing the application to be filed.

3. The influence of the Real Identity Act on the application for political asylum.

The Real Identity Law passed in 2005 has had a wide and far-reaching impact on the application for political asylum. Firstly, the Bill requires the applicant to produce various documents and supporting materials to prove that the applicant has been persecuted in the past or may be persecuted in the future. If the applicant is unable to provide relevant documents, he must explain in detail the reasons why he cannot provide these documents and explain the efforts made to obtain them. Easily obtained documents include the applicant's passport, birth certificate, marriage certificate, household registration book, work certificate, etc. Generally speaking, applicants can't provide documents that they will be persecuted in the future, but they can find out documents that they have been persecuted in the past, such as arrest warrants, subpoenas, ligation certificates, fine documents, cases, etc. If you can't produce a written document, explain in detail the reasons why you can't produce a document, and list the efforts made for this.

Because there are widespread frauds in China people's applications for political asylum, the Immigration Bureau is well aware of this, so it strictly examines Chinese mainland people's applications for political asylum. One of the most obvious examples is that the Immigration Bureau must conduct a criminal investigation to prove the authenticity of all documents submitted by China people. According to the law, anyone who submits a false asylum application will never get a green card once it is investigated. In addition, in the asylum interview, although the applicant is still allowed to bring his own interpreter, the Immigration Bureau employs another interpreter through the telephone company to supervise whether the invited interpreter is faithful. Due to strict examination, the probability of China applicants being approved is very low.