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Discussion of how to present key elements of your claim of a well-founded fear of persecution. The key to an asylum claim is proving that you face a well-founded fear of persecution. This well-founded fear standard does not necessarily mean torture, killing, imprisonment, or harassment or that you are specifically targeted for persecution or that you have an economic hardship or a repressive government.
→ Read MoreThe USCIS forms you will need to file for asylum will depend on your request, your family situation, and how you complete your application. Regardless of which set of USCIS forms are required for your situation, make sure that you use the most current version of the required form. Using an outdated form can result in a rejection of your application for asylum.
→ Read MoreWithholding of Removal protects an alien from return to a home country that threatens her life or freedom. This protection from deportation is guaranteed by Article 3 of the Refugee Convention and implemented by Sections 243(h) and 241(b)(3) of the Immigration and Nationality Act. Under these laws, Immigration Judges must allow aliens to invoke claims for withholding of removal at any time during deportation proceedings and seek review of the judge’s decision by the Board of Immigration Appeals.
→ Read MoreAsylum is the legal protection afforded by the United States government to a person who can demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The opportunity to apply for asylum is offered to both refugees outside the United States and people who have entered the country illegally.
→ Read MoreAt the asylum interview, an immigration officer from the U.S. Citizenship and Immigration Services (USCIS), formerly the INS, will review the alien’s application for asylum to determine whether he or she should be granted status in the United States. The asylum applicant must arrive at the scheduled date and time at the regional service center having jurisdiction over the alien’s place of residence.
→ Read MoreThe two types of asylum applications are affirmative and defensive. The purpose of both applications is to seek relief from removal or deportation from the United States. Both types of asylum applicants must show they have a credible fear of returning to their country of origin due to past persecution based on one of five protected grounds including race, religion, national origin, political opinion or membership in a particular social group.
→ Read MoreNo. You must be physically present in the United States to apply. The distinction between a refugee and an asylee (asylum applicant) is easy to confuse. Both are considered persons who are subject to persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. Consequently, both types apply for humanitarian relief with the U.S. government.
→ Read MoreThe general purpose of the asylum process is to provide protection for individuals who are subject to persecution in their native country for certain reasons, including political and religious persecution. To that end, there are a couple of tests that must be passed before an individual can qualify for asylum.
→ Read MoreGenerally speaking, you cannot be deported while waiting for a decision from the Board of Immigration Appeals (BIA). However, the filing of an appeal with the Board of Immigration Appeals (BIA) only “stays removal” under limited circumstances. Sometimes, an additional, written request to the BIA for stay of removal is required.
→ Read MoreWhile you are not required to hire an immigration attorney or asylum attorney to handle your asylum application, having one is strongly recommended. Immigration law is a complex mixture of statutes, administrative codes, international agreements, and politics. Forms are not set by statute. Instead, USCIS is vested with the authority to develop the forms and procedures for foreign nationals to complete asylum applications. Having an immigration attorney who has experience dealing with asylum applications and USCIS forms is often essential to a successful asylum application.
→ Read MoreFind the right lawyer for your legal issue.
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