Asylum & Deportation Defense
What is Asylum?
Asylum is provided by the United States of America to Refugees who meet certain requirements.
First. a refugee is someone who is outside his or her country of nationality.
Second, the refugee has fled and cannot return home because he or she faces the reality or risk of persecution.
Third, the persecution that the individual faces is due to one’s political opinion, race, religion, nationality or membership in a particular social group.
How May I Qualify for Asylum?
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to your country of nationality, or last habitual residence if you have no nationality, beccause of persecton or a well-founded fear or persecution on account of race, religion, nationality, membeship in a particular social group, or political opinion.
This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution.
The asylum seeker must present him or herself at the border, or be already present in the United States. Furthermore, the applicant must prove that the required “nexus” (or connection) exists between their persecutor’s motive and one or more claimed grounds.
Keep in mind that if you have ever ordered, incited, assisted, or participated in the persecution of any person based on race, religion, nationality, membership in a particular social group, or political opinion they will not be considered for refugee status and will be denied.
There are 2 forms of asylum available. Which are as follows:
An asylum seeker can apply for asylum affirmatively or can seek asylum as a defense to removal.
What Does Asylum Provide the Refugee-Applicant?
A grant of asylum entitles the applicant to remain in the country, authorizes employment, and allows travel abroad with prior consent. It also requires an applicant acquire permanent residency and to sponsor immediate relatives for immigrant petitions. In addition, if you are granted asylum status, there is no time limit for the asylum status but it may be terminated if you are convicted of certain crimes or if it is determined that you have committed fraud in your asylum application.
What Form(s) Must I File for Asylum?
In order to apply for Asylum you must file Form I-589 “Application for Asylum and for Withholding of Removal.”
How Long Do I Have to Apply for Asylum?
You must submit an application for asylum within 1 year of arriving in the United States, unless you can establish that there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within 1 year.
Contact our Law Office in order to lean more about “changed circumstance exceptions.”
Who Can be Included in My Asylum Application?
You may include in your application your spouse and unmarried children who are under 21 years of age and physically present in the United States. You must submit certain documents for your spouse and each child included as required.
Children 21 years of age or older and married children must file separate applications.
If you are granted asylum and your spouse and/or any unmarried children under 21 years of age are outside the United States, you may file Form I-730, “Refugee/Asylee Relative Petition,” for them to gain similar benefits as you.
How Can I Have Your Law Office Help Me?
Please fill out the Contact Form or call our office at (619) 363-2871 for a Free Case Evaluation and Free Consultation.