Can China citizens defend human rights through the US Embassy in China?

You can apply for political persecution, but if you are not in their interests, or if you are not an influential figure, I am afraid it will be difficult (many people who have been persecuted for participating in any movement have succeeded). Details are as follows.

I. Conditions for applying for political 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 (well-founded fear);

2. Persecution is based on race, religion, nationality, membership of social groups or political views.

The so-called well-founded fear has always been the focus of debate in court. It was not until 1987 that the Supreme Court made a clear explanation in the case of INSVCARDOZA-FONSECA that the fear of persecution is reasonable, and the applicant must prove that he has been persecuted in the past or has reason to believe that he will be persecuted in the future with specific facts.

As for persecution, it refers to the physical and mental harm caused by the persecutor to punish the persecuted person's beliefs or characteristics, such as discrimination, corporal punishment, excessive punishment for illegally leaving the country, etc. 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. Short-term detention is better than no persecution, while slaughter, torture, long-term imprisonment and slavery are all persecution, and long-term unfair 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 "reasonable fear", the applicant should show:

1, he has certain beliefs or characteristics that will lead to the punishment of the persecutor;

2. The persecutor knows or may know his beliefs or characteristics;

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's mentality is indeed fear of persecution; Objectively speaking, the applicant will indeed be persecuted in real life, and both are indispensable. If persecution is rampant in a country, but the applicant is not afraid of persecution, or if the applicant is extremely afraid of persecution, but the host country does not actually persecute him, the applicant's application for political asylum 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.

Two. Other matters related to political asylum.

1, as appropriate

Even if the applicant can prove that he has been or will be persecuted, the application may be rejected. This is because the Immigration Bureau can exercise its discretion. Of course, the Immigration Bureau must consider both positive and negative factors when exercising its discretion. Recent cases require that the Immigration Bureau must have overwhelming facts before making a decision to repatriate the applicant.

However, if the applicant tries to "break through the customs" by using a fake passport or tearing up the household, or disrupts the normal inevitable review procedure by other deceptive means, the Immigration Bureau can exercise its discretion to reject the applicant's application. In this case, the applicant must prove his application with extremely sufficient facts before the Immigration Bureau can make a favorable decision for the applicant, which is one of the reasons why it is difficult for illegal immigrants to obtain political asylum.

2. Suspension of expulsion.

Even if the application for political asylum is rejected, the applicant can apply for a stay of expulsion. Since the suspension of expulsion is not within the scope of discretion, it must be approved if the application conditions are met.

The so-called suspension of expulsion requires the applicant to prove that his freedom or life will be threatened if he is deported to his country of origin. Because the requirements are lower than the trial conditions of political asylum, political asylum is often approved after being rejected.

Of course, not everyone can apply for a stay of expulsion.

(1) Those who apply for political asylum directly to the Immigration Bureau may not apply for a stay of deportation at the same time, but only after political asylum is rejected.

(2) Only crew members or stowaways (who meet certain conditions) can apply directly to the Immigration Bureau.

(3) The applicant may apply to the immigration judge for a stay of expulsion.

Compared with political asylum, the legal requirements for suspending deportation are lower. If the conditions are met, the immigration judge must approve it. At the same time, the application for political asylum requires that the applicant has not stayed in a third country for a long time, and the suspension of expulsion is not subject to this restriction. However, it should be noted that once political asylum is granted, the applicant can get a green card one year later, but if the deportation is suspended, he cannot apply for a green card.

3. Under what circumstances can I not apply?

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

If the applicant has stayed in another country for a long time before entering the United States, he cannot apply for political asylum (but he can apply for a stay of deportation). The legal definition of long-term residence is to obtain the right of long-term residence, citizenship or free access. Factors to be considered include living conditions (living in a refugee camp is not a long-term stay), the scope of work permit, the right to own real estate such as land, and the rights of citizens of the country.

(2) have persecuted others.

People who persecute others cannot apply for political asylum or suspend expulsion, even if they persecute others out of their own will or compulsion. Of course, if persecution occurs under duress, that is another matter.

(3) Criminal punishment

If the applicant has been criminally punished for a crime (that is, he is not a political prisoner), he can't file an application whether in the United States or abroad.