Chinese Dissident Kwon Pyong’s Journey to U.S. Asylum

The average U.S. citizen rarely considers fleeing to another country for their safety after expressing political opposition. Unfortunately, the same cannot always be said for citizens of other countries. After being arrested and sentenced for wearing t-shirts criticizing Chinese President Xi Jinping, Chinese citizen Kwon Pyong’s journey to secure political asylum has been nothing short of remarkable.

Kwon Pyong’s Journey To The U.S.

In addition to wearing t-shirts satirizing Chinese President Xi Jinping, Kwon Pyong was arrested in 2016 for posting anti-Chinese government posts on social media. After being sentenced for inciting subversion of the state, he was released from prison in 2018. However, even after his release, Kwon Pyong was continuously monitored and questioned by Chinese authorities. Exhausted by near-constant surveillance, he fled by jet ski to South Korea in August of 2023. Yet, upon arrival to South Korea, the asylum seeker was again sentenced to prison, this time for illegal entry.

Faced with one year of prison and two years of additional probation, Kwon Pyong gave up on his appeal for reduced sentencing and instead worked with human rights groups to become an asylum seeker in the U.S. By June of 2024, Kwon Pyong arrived in New York, but was detained upon entry.

 Why Do U.S. Asylum Seekers Get Detained?

Unfortunately, Kwon Pyong’s experience of being detained upon entering the U.S. is not unexpected for U.S. asylum seekers. Foreigners looking to apply for asylum are labeled as aliens when they first enter the U.S., as legally speaking, they have not been allowed to enter the country. Because of their status, the U.S. Department of Homeland Security can detain those who seek to enter the United States under certain conditions. Up until recently though, it was quite rare for people to be detained while seeking asylum unless they have a criminal record like Kwon Pyong. Due to his criminal record, Kwon Pyong will likely be detained until the immigration court can hear his asylum application. Though it may take a while,  the law requires the courts to hear Kwon Pyong’s case.

What Could Affect a U.S. Asylum Seeker’s Case?

Before being accepted into the U.S., Kwon Pyong will likely undergo fingerprinting and various background checks that immigration authorities will use to evaluate his eligibility. Criminal convictions such as Kwon Pyong’s in China and South Korea could affect an asylum seeker’s entry into the U.S. More specifically, Kwon Pyong’s illegal entry into South Korea could severely impact his case, as it may indicate to American immigration authorities that he might violate U.S. immigration laws.

Further issues could arise if Kwon Pyong entered the U.S. under a visitor visa while seeking to apply for asylum. Visitor visas, unlike asylum applications, indicate the individual will eventually leave the country, whereas asylum applications suggest a plan to stay. These inconsistencies could have serious legal implications for Kwon Pyong and his search for political asylum.

Work With an Experienced Immigration Attorney

Kwon Pyong’s story, though perhaps not widely known, underscores many of the reasons why it is important to have an experienced immigration attorney on your side when applying for citizenship or seeking to stay in the U.S. long-term. Contact the Law Office of Eric M. Mark today to learn more about how to navigate your immigration case.