Are you an asylum-seeking terrorist?

A Filipina, who had applied for political asylum years ago in order to get a temporary work permit, is now finding herself in even deeper trouble. She apparently made up a story in her political asylum application that she was persecuted by the Philippine government because she had "helped" the communist rebel group, New People’s Army (NPA). However, the U.S. State Department has declared the NPA to be a "terrorist organization" and under the U.S.A. PATRIOT ACT, anyone who provides certain aid (or "help") to a terrorist organization, could be considered inadmissible for engaging in "terrorist activity".. So, while this woman made up stories of persecution only to obtain work authorization, she now finds herself having to defend against charges of being a terrorist.

This woman’s story is typical of so many other Filipinos. She arrived in the United States in the early 90’s on a visitor’s visa. She was given a three-month stay but decided to stay on after the expiration of her allowed visit. On advice of friends, she went to an immigration consultant, who advised her to file a political asylum application, to obtain a work authorization, so she could work "legally".

During that time, political asylum seemed the quick-fix solution to many Filipinos’ immigration problem, because it enabled them to obtain temporary work authorization just a few weeks after filing. So, with the help of the consultant, she made up stories of persecution. With that false claim, she basically shot herself in the foot, so to speak.

Many asylum seekers had similar fabricated claims of persecution in their asylum applications, prepared by immigration consultants, and sometimes by unscrupulous attorneys. To create a semblance of political persecution, they claimed that they had "helped" the communist New People’s Army, as fund contributors, or informers against government corruption. As a result, they were supposedly arrested, detained or tortured by the government, or they received threats and other forms of harassments from the police and military.

In this particular case, the woman’s asylum claim was denied, and she was later ordered removed/deported by the Immigration Judge. She appealed the denial of her asylum application to the Board of Immigration Appeals. But in its ruling, the BIA pointed out that on December 7, 2001, pursuant to the newly-signed U.S. PATRIOT ACT, the State Department designated the NPA as a terrorist organization.

The BIA also pointed out that aliens are ineligible for asylum for engaging in "terrorist activity" because the woman’s story stated that she "helped" the NPA. Tthe BIA ordered the case sent back to the Immigration Judge, to give the woman and the INS an opportunity to present further evidence, to determine whether the woman’s claimed activities, as stated in her asylum application, constituted "terrorist activity."

While the filing of political asylum allowed thousands of people to obtain work authorization, the very same applications are now causing them sleepless nights because of the terrorist links they have created for themselves, which, by itself, is a ground of inadmissibility.

People should realize that there is no "quick-fix" solution to their immigration problems. Any attempt to take a short-cut, like entering into fixed or fake marriages, forging documents, or making false claims of persecution, can only result in wasted time, money and effort, and worse, deportation or prosecution.

If you have any immigration problem, the best way to solve your problem is to consult a reputable attorney who will analyze your situation and help you legitimize your immigration status.

Michael J. Gurfinkel has been a licensed attorney in California for over 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.