Immigration amnesty allows certain non-United States citizen aliens to remain in the U.S., either on a temporary or permanent basis. This often applies to individuals who are fleeing due to conditions of religious or political persecution in their home country.
In general, amnesty refers to an individual who has already entered the United States but who entered illegally. These individuals are usually granted a pardon for their illegal entry.
In addition, refugee or asylum laws may govern situations where the individual has not yet fled from their home country.
What are Immigration Amnesty Laws?
Immigration amnesty laws are laws which grant temporary or permanent resident status to individuals who are fleeing political or religious persecution which is occurring in their home country. This concept is often referred to as political asylum status, although asylum and amnesty are technically different terms.
Laws including the Immigration Reform and Control Act (IRCA) have shaped the way that amnesty laws are applied. Asylum may apply to individuals who have not yet migrated to the United States but are experiencing political threats in their home country.
In other words, an individual can apply beforehand for an asylum visa. In contrast, amnesty is typically granted to an individual who is already in the United States but has been an illegal immigrant because they entered the U.S. in an illegal manner.
Which Persons Qualify for Amnesty Protection?
Amnesty is typically granted on an individual, case-by-case basis. Most instances of amnesty, however, do require that the individual meet certain requirements, including:
- No record of criminal charges;
- Residency in the United States continuously, usually 10 to 20 years usually; and
- The individual will not be a charge or burden to the state if granted citizenship.
The individual is required to prove that they would face real and direct threats if they were required to return home to their country. For example, if an individual’s family was singled out because of their last name and were subject to:
- Interrogations;
- Persecution; or
- Physical harm.
The individual must be able to document the persecution which exists in the country. Immigration amnesty is considered a rarer form of migration.
It has, however, been consistently applied over the years, especially for individuals and families who are facing conditions of extreme political persecution.
What is Religious Persecution According to Immigration Laws?
Many individuals are familiar with immigration terms such as political refugee and political asylum. Some individuals may not be aware, however, that an individual may obtain refugee or asylum status based on religious persecution.
The concept of religious asylum is similar to political asylum. A foreign national may apply for various protections in the United States if they have experienced persecution in their home country, which may include:
- Victimization due to religiously-motivated violence, which results in bodily harm or suffering;
- Unjust imprisonment for religious beliefs;
- Inhumane treatment based on religious beliefs, including:
- degradation;
- slavery; or
- torture; and
- Human rights violations.
A religious refugee may apply to enter into the United States to receive protection from the types of actions noted above. In some cases, they may also apply for certain benefits, including relocation counseling and financial assistance.
Who May be Considered for Immigration Based on Religious Persecution?
The most important requirement for immigration based on religious persecution is that the applicant has a well-founded fear of persecution based upon their religious beliefs. This means that the fear of prosecution is not imagined or invented and that a reasonable individual would have similar fears if they were placed in the same situation.
Additionally, the individual is not required to actually belong to the religion for which they are being persecuted. For example, if an individual is mistakenly believed to belong to a specific religion and they are persecuted due to their misidentification with that group, they may be considered for refugee status even if they do not actually hold those religious beliefs.
When there is a crisis in a country, an available alternative to asylum is Temporary Protected Status. Temporary Protected Status is provided for individuals when there are turbulent conditions in their home country.
What Are Some Points to Consider when Applying for Amnesty?
An important point for an individual to consider when they are applying for amnesty is what the effects of that application may be. For example, amnesty applications may involve investigations into the applicant’s background as well as their residency history.
This may disclose information regarding the applicant as well as their loved ones that may affect their immigration status. For example, an amnesty application may subject the individual or someone they know to a removal investigation.
Therefore, an applicant may want to consult with an attorney first to determine whether amnesty is an appropriate choice for their situation.
Are Asylum Claims and Political Refugee Status the Same Thing?
No, asylum claims and political refugee status are not exactly the same thing. They do share certain similarities, however, each is its own separate immigration route.
Political refugees apply for their status while they are outside of the United States in order to obtain safe passage into the country. Asylum is for an individual who has already entered the U.S., or has attempted to enter through a port of entry, and who is filing an application to stay.
There are some programs and protections which a refugee may access that an asylum seeker cannot. This may include assistance for living and medical expenses until the refugee can get their financial bearing in their new country.
What are the Requirements for Political Refugee Status?
In order to be eligible for political refugee status in the United States, the individual is required to show that they have a well-founded fear of prosecution, which will be analyzed according to the Supreme Court case of Court case INS v. Cardoza-Fonseca from 1987. In order to meet this standard, an individual must show that they face danger or persecution in their home country based on membership in a local group or on their religious beliefs.
Each case will be examined independently, based upon circumstances such as their country of origin and other factors. Past examples of persecution as well as threats are good ways to demonstrate this element.
As long as an applicant can demonstrate that a reasonable individual would fear their safety or freedom under the same circumstances, this requirement can be fulfilled. For example, if an individual was imprisoned for their political affiliations or statements.
An individual may also fulfill this requirement by providing evidence of persecution, such as:
- News stories;
- Videos;
- Photographs; and
- Witness testimony.
What Else Should I Know about Religious Asylum Under Immigration Laws?
It is important to be aware that authorities will be on the lookout for fraudulent applications for religious refugee and asylum. In these cases, an applicant did not actually experience the persecution but was simply coached by other individuals to recite statements or facts to immigration authorities.
This action constitutes fraud and may lead to various consequences, including deportation and the denial of the application. It is important to take note of the difference between asylum and refugee status.
Asylum is granted to individuals who are already within the United States borders, in some cases, illegally. Refugee status, in contrast, is granted to individuals who have not entered the U.S. and are still in the process of fleeing from persecution.
Generally, priority is given to a refugee application as opposed to an asylum application, especially in relation to yearly immigration quotas.
Do I Need an Immigration Lawyer?
Religious persecution can present you and your family with serious challenges. If you or your loved one requires assistance with religious immigration and immigration issues, you should contact an immigration lawyer as soon as possible. Your lawyer can assist you with your application for refugee status.
In addition, if you are required to make an appearance before an immigration judge or panel, your attorney will represent you and provide you with legal guidance.
