Introduce the political asylum system in the United States.

From 1943 to 105 in China, to 1965, the new American immigration law, which was impacted by the civil rights movement, abolished the immigration quota system that discriminated against Asians and prohibited discrimination against immigrants on the grounds of race, sex, nationality, place of birth and place of residence. For the first time, talents from China are on an equal footing with other ethnic groups and get 20,000 places every year. According to the current immigration law in the United States, except for some immediate family members of citizens, there are national quotas for relatives to transfer to professional immigrants. (1) If the Real Identity Act says that there is a possible alternative to solving legal identity without quota restrictions, it is to apply for refugees or political asylum. Especially after the passage of the Real ID Act in May this year, the quota of 654.38+00000 political asylum approvers set by the Immigration Bureau was cancelled thanks to the mediation agreement reached between a class action lawsuit represented by an immigration lawyer in Pennsylvania and the Immigration Bureau. As long as your asylum application is approved, one year later, you can submit I-485 to apply for change of identity, and you will get a green card soon. Another quota for canceling political asylum is that the previous immigration law set an annual limit of only 65,438+0,000 for China immigrants to apply for political asylum for their only child. More than 6,000 immigrant families in China have benefited from this legislation and obtained green cards. However, the negative impact of the bill on asylum seekers far exceeds its positive significance. We will briefly explain the procedural elements of applying for political asylum, and then come back to discuss this issue. (II) Procedures for Applying for Political Asylum The US immigration law first distinguishes between refugees and asylum. The so-called refugee, according to the interpretation of Article 1980 of the Refugee Law in the United States immigration law, refers to a person who is unable or unwilling to return to his country of origin because of his race, religious belief, nationality, participation in a specific social group or political views. American immigration law stipulates different application procedures for foreign refugee applicants and refugees arriving in the United States. The latter is called asylum. Applicants seeking political asylum in the United States can follow the following procedures to seek political asylum status. Please note that this procedure does not apply to applicants who apply for political asylum after entering the expulsion procedure. 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: Application Only when the applicant is not informed to report to the immigration judge and enter the expulsion procedure, can a person directly apply for political asylum 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. If the applicant's spouse or minor children under 2 1 year old are also in the United States, the applicant can also include them in the application. (To be continued) The above article was written by Shiwei International Law Firm (Shaw &; William, LLP) is provided by lawyer Xiao Ying. Lawyer Xiao Ying received a doctorate in law from Indiana University Law School, and worked as a lawyer in the US Securities and Exchange Commission and the China Committee of the US Congress. He has more than 65,438+00 years of practice experience in several well-known law firms in China and the United States, and has a deep research on American immigration law. If you have immigration legal problems and need professional legal services, please call 202-82 1-83 13 for consultation.