Minnesota One Child Policy Asylum Attorney

One Child Policy Asylum

If you are wondering if you qualify for asylum to stay in the United States due to fear because of non-adherence to the one child policy in China, you might be eligible to apply to the one child policy asylum.

In 1996, the United States changed their immigration laws to make sure that people who were victims of the PRC’s One Child Policy were eligible for asylum in the United States:

“For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well-founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion.”

The opportunity of asylum based on the Once Child Policy does not only apply to women, but also to their spouses and children.

If you believe that you are in danger of being persecuted because of the One Child Policy, you can submit a detailed application for asylum (for I-589) to the United States Citizenship and Immigration Services. If you are currently in the midst of removal proceedings this application must be submitted to an Immigration Judge. This application is free to file, and should be as detailed as possible.

The One Child Policy Asylum is a complex area of the law, and if considering applying, one should have an experienced immigration attorney on the case. This is because forced sterilization or abortion, while they are enough to prove persecution, are not always enough for parents to be granted asylum.

In order to help your case, you should provide as much evidentiary support as possible with your application. Examples being country human rights reports, newspaper articles that pertain to your situation, a detailed affidavit, information as to whether or not you have previously been persecuted in your country, proof of threats and any other documents that you might have to support your fears being well-founded.

If you are not currently in the United States you are able to use this same criteria and apply for refugee status. If your case ends up in immigration court it is recommended that you get an expert witness to testify. This witness must be able to testify as to whether or not you would be subjected to persecution such as punishment, abortion, or sterilization if you should return to the PRC.

The general rule is that you apply for asylum within the first year that you are in the United States, although there have been many exceptions made to the rule.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your case.

Start Your Immigration Case Evaluation

Fields marked with an * are required

Featured By