Political asylum has been provided in the United States formally since 1980, when the so-called Refugee Law was approved, which established a legal process that allows the government to grant protection to people fleeing their countries of origin with fear of being chased or damaged.
It is through political asylum - asylum, in English - that people persecuted for their political opinion, race, religion, membership in a specific group and for their nationality, you can request it and, if granted, remain in United States territory, accessing advantages such as a work permit.
Facts you may not have known: Asylum and Refuge are not the same.
Asylum in the United States protects people fleeing for political reasons, and is granted on an individual basis. The shelter protects people fleeing war and widespread violence, and is granted to groups of people.
Political Asylum in the USA | Talks with ELNC
Chats with Enlace Latino NC invited their community on WhatsApp to a conversation with immigration attorney Beckie Moriello, from the law firm Raleigh Immigration Law Firm who is defined as follows:

Beckie Moriello
Immigration Lawyer at Raleigh Immigration Law FirmWe made a selection among the most representative questions from the audience and identified them within 6 groups.
- What is needed to request Political Asylum in the USA
- Who qualifies to request asylum | what are the reasons
- What is a “specific reason” in the asylum context?
- How long does the asylum process take in the US?
- What are the benefits and advantages of political asylum in the USA?
- Disadvantages of political asylum in the United States
We present them with the intention of being able to help those who are beginning or thinking of starting a process to request political asylum in the United States.

FAQ's about Political Asylum in the USA
Below is an edit of ELNC's hearing conversation with immigration attorney Beckie Moriello.
To ask for asylum you have to be afraid of returning to your country of origin. I imagine everyone already knew that, but just in case, that's where we start. You have to be afraid and in order to win your case, it has to be for a specific reason, that is, many tell me I'm afraid because in my country now it's nothing like before now there's a lot of crime a lot of violence it's not a safe place for anyone that part that's not a safe place for anyone that's the problem because if it's not a safe place For no one, unfortunately, that is not an asylum case. It has to be that they want to harm you for some specific reason.
It means that there is some reason why someone wants to harm you and not necessarily your neighbor or someone else in your country. That is, not everyone in your country is at the same risk. If not everyone is at the same risk, then the next question is why? And that's not such an easy question. We have to think about it and that is what a good immigration lawyer does. He asks her many questions. It's a very long interview and clients are usually like, why are you asking me all this? It is because we want to understand very well their entire life in their country of origin. Something may be obvious to you, but it won't be obvious to the judge. And even if the judge already knows, we have to explain it again anyway. Therefore, we are going to be asking you many questions about your life. Different aspects of your life. Furthermore, even if you believe that the strongest reason to win your case is X and you may be right, you may also be wrong. I have heard cases and seen cases when we spend an hour talking about thing stuff. You have to tell the truth during all of this, but sometimes there is something that is true, but the immigrant says “ah, yes, well that is also a problem, but I didn't think they were going to protect me because of that.” And it turns out that yes, yes. That, not only that we have the possibility that we are going to protect him based on that, but it is an even stronger element than what the immigrant believed was the main reason.
There are two types of newcomers. Policies are always changing, but we'll talk about now. There are those who entered with CBP-1 and those who entered without CBP-1. Those who entered with CBP-1 can submit their work permit application immediately. That's incredible news and those are being processed pretty quickly and how well. Those who entered without CBP-1 must first submit their asylum application. Then they have to wait five months. After five months, they can then submit their work permit application. Now, those who entered without CBP-1, you can say that that is an advantage.
Because you have to submit your asylum application during your first year in the United States to increase your chance of winning your asylum case. Those who entered with CBP-1, what I fear is that they are going to say, “ah, but I already have my work permit, everything is fine, okay, very good, I'm just going to wait for my court dates.” It is not like this. They have that one-year deadline anyway, but since they already have the permit, they're thinking, oh well everything's going well, but no.
All those who entered with and without CBP-1 must submit their asylum application, which is the I-589 during their first year in the United States. If you wait until one day after the year, if the court receives the application until one day late, you will greatly reduce the probability of being able to win. There are exceptions, but it's best to make everything as easy as possible.
The fact that you already had an interview at the border and already requested asylum from the officer at the border, that does not mean that you have already submitted your application. It is another procedure. Talk to a lawyer who focuses on asylum cases, not a lawyer who does many different things. We want a specialist who focuses on asylum cases, or an accredited representative at a non-profit organization. Work with a professional, because I have seen applications submitted by notaries that make the person punished for the rest of their life for not being able to fix due to errors in the application.
As an asylum applicant, no. Maybe someone heard that from the refugees. A refugee is very different than a person seeking asylum. And in my opinion, well, I know that there are some more than anything in the right-wing political party on Fox News who say that they are intentionally confused because refugees enter with legal status. They are prosecuted in their countries of origin and yes, the American government and in all countries, this is by international law, the government does give them a little help to start over in a new country. They need that help like rent, etc., to help them start from scratch. Unfortunately, we don't do that with people applying for asylum, but like most people in the United States, Americans also don't know the difference between a refugee and a person seeking asylum.
The application has no cost. The attorney or accredited representative may charge you for their service. You should NOT use a notary.
Okay. There are many questions here. I see that some want to know what they should do if they don't have money or how they can apply for asylum. So now I'm going to talk more about the accredited representatives And nonprofit organizations because they can help those who don't have many resources. And as I said in my last voicemail, most of them do very good work. Now, we're also going to talk about the steps you need to take to apply for asylum and work permits for people who have recently arrived in the United States. But first, I'm going to talk about who can help you with this. If you search for accredited representatives, for nonprofit organizations that handle immigration cases in North Carolina, you'll find 38 organizations. Now, if we were in a room, I would ask, who has time to be calling 38 organizations on, excuse me, weekdays from 9 to 5, waiting to be put on hold, to be transferred to someone else, to find someone who speaks Spanish—sometimes they don't even have anyone who speaks Spanish—to be told, "Oh, no, we only see new prospective clients on Tuesday mornings, someone will call you back," and they never do, and they have to keep calling and taking notes on each of the 38 organizations from 9 to 5, Monday through Friday. Who here has time to do that? Generally, no one. Once, a retired lady told me that most people do, but maybe she'll get fed up, or maybe not, and she should come work with me. Well, that's the problem, and that's why notaries do have their businesses, because people sometimes start calling. They call one, two, maybe three, and they get fed up. Some, many say, when they manage to speak with someone who speaks Spanish, they often say, "Oh, no, I'm sorry, we're not accepting new cases right now, call back in five months." Who's going to be calling all 38 organizations? Nobody. Maybe the lady. So, what we do in my office is, every six months, we call all those organizations. We call a maximum of two times each. If they don't answer, we cross them off the list after two calls. If we can't speak with anyone who speaks Spanish, we cross them off the list after those two calls. If we manage to speak with someone who speaks Spanish, but they say they aren't accepting cases right now, we cross them off the list. And then we ask, "What types of cases are you accepting?" Because many organizations are only accepting the easiest cases. They're only accepting U Visas, For example. By the way, if you have a U Visa case, I strongly recommend that you go with a non-profit organization, because there are many that are accepting them. So, we already have a much shorter list and we put this org is only accepting this, this and this, not XYZ. So, you can look at that list. Instead of 38, they now have three organizations. And you already know that each of those three organizations at least told us that they are accepting cases. That's something they can do. And so they're going to be with a person who really knows what he's doing, who is accredited by the US government in handling these cases. And he's not breaking the law.
Now, I warn you that this is not going to be quick. The notary next door, on the corner, will be much faster. He's going to have much better customer service. But I implore you to always remember, good, cheap, fast. You have to choose two. Also, if it is not cheap, that does not mean it is good, because compare it with a lawyer. Because I have also seen notaries trying, trying to charge the same as a lawyer. But the notary does not have the studies, he does not have the accreditation, and I have seen the consequences. As I say, in my office we do a lot of second opinions and I have seen serious problems with notaries. Sometimes they do it well and many times they don't. Do you feel lucky? If today is your lucky day, go to a notary. If he wants to go with someone who really knows what they are doing, obviously there is everything. I am not here guaranteeing that all for-profit internet organizations are excellent. It is not like this. Neither with lawyers, nor with mechanics, nor with electricians. You will not find any category where they are 100% excellent. But I can tell you that, in my work, doing second opinions, I have seen that most lawyers do good work, and most nonprofit organizations do good work, and most notaries do bad work. Most. That's what I've seen. So, do you want that list that we maintain? Which is much shorter, which only has organizations that answer the phone, where they speak Spanish, and where they are accepting cases. No problem. We send it to you. Send us here. Here Antonio Tabel is writing to you. To not take up the chat so much, you can write a private message to me or Antonio Tabel, and we will send you that list. No problem. Totally free.
Hi Vanessa, thank you for your question. Here, first of all, they told me that we should focus on asylum. In fact, I just saw that we are already after 7. How time flies. Anyway, we would have to review all his paperwork, his whole situation. This unfortunately requires an individualized consultation.
We are going to talk about the deadlines for when you must submit your asylum application and how you can obtain your work permit. There are two types of newcomers. Policies are always changing, but we'll talk about now. There are those who entered with CBP-1 and those who entered without CBP-1. Those who entered with CBP-1 can submit their work permit application immediately. Those who entered without CBP-1 must first submit their asylum application, and wait five months. After five months they can submit their application for a work permit. Those who entered without CBP-1, you can say that this is an advantage. Why is it an advantage? Because you have to submit your asylum application during your first year in the United States to increase your chance of winning your asylum case. And those who have it, those who entered with CBP-1, what I fear is that they are going to say, ah, but I already have my work permit, everything is fine, ok, very good, I'm just going to wait for my court dates. , And it is not like that. They have that one-year deadline anyway, but since they already have the permit, they're thinking, oh well everything's going well, but no. All those who entered with and without CBP-1 must submit their asylum application, which is the I-589 during their first year in the United States. If you wait until one day after the year, if the court receives the application until one day late, you will greatly reduce the probability of being able to win. It is no longer necessarily ineligible, necessarily. There are exceptions, we will fight. If I have to fight, I will fight. But better than not, better to make everything as easy as possible, and I'm not saying it's going to be easy either. But please apply during your first year. And the fact that you already had an interview at the border, you already requested asylum from the officer at the border, that does not mean that you have already submitted your application. It is another procedure. Talk to a lawyer who focuses on asylum cases, not a lawyer who does many different things. We want a specialist who focuses on asylum cases, or an accredited representative at a non-profit organization. Work with a professional, because I have seen applications submitted by notaries that make the person punished for the rest of their life for not being able to fix due to errors in the application.
Filling out I-589 is the first step. I recommend that you do this with an asylum lawyer or a non-profit organization.
Anything is possible. If you're asking if it's likely, that's another matter, and it's not something we can determine here in this quick chat. If you'd like to consult with my office, we can review your situation thoroughly. There's also a nonprofit organization that handles detainee cases: Carolina's Migrant Network. I know them personally. They do incredible work. I strongly recommend that anyone who has a family member or loved one in detention start with them. They do the equivalent work, in my opinion, equivalent to a private attorney. But they're at little or no cost. If you ask here if it's possible for an immigration detainee to be released, yes, you always have that option. But it's much more likely with an attorney than without one.
All countries from Latin America can apply for asylum political?
Yes all.
I get this question frequently: Do I need proof of what happened to me? The short answer is no, but evidence can improve the likelihood of winning the case. At my firm we look for everything to make the case as strong as possible. Possibility of being able to win even without evidence? Yes, yes it is possible. It's not that likely, but if the evidence doesn't exist, we'll do the best we can with what there is.
Hello, this is an excellent question. I already answered about non-profit organizations. I recommend that you listen to those recordings. The only thing I am going to add here is the difference with the people who entered with CBP-1 and that is that they can apply for their work permit immediately. Right upon entering the United States, they can submit their work permit application. I recommend that you work with one of the non-profit organizations to process your application. But yes, that's how it is. Let me know anything else.
There are not many nonprofit organizations that are accepting asylum cases. We did everything I just explained with 38 organizations. We made the list much shorter and specified which types of cases they accept. Most of the organizations on that list focus on family cases, visa cases, naturalizations, TPS, DACA, renewals. There are only three on our list that accept asylum cases. There is one organization on this list that is low cost. It's worth talking to them. It is like something intermediate between a private lawyer and an organization where they accept cases for free.
You may be interested: I have a work permit and Social Security and I am in the asylum process: can I get a Real ID?
This note presents the most relevant aspects of journalist Jessica Mayora's talk with the ELNC WhatsApp channel community on political asylum in the United States.
The interview has been edited for editorial reasons. If you are interested in a full transcript of the talk let us know through our WhatsApp community.



I want to apply for asylum
I want to apply for political asylum