ACQUIRING ASYLUM IN THE UNITED STATES – Immigration Attorney Explains

Among other nations, the United States observes the privilege to asylum to any individual who has been persecuted or fears hostility in their domestic country.  Asylum is a security provided to foreign nationals who are in the United States or U.S. border and meet the transnational characterization of a “refugee.”  If you need information or guidance regarding refugee or asylum protection, please contact Oliver King immediately.

ASYLUM ELIGIBILITY for Residents of Rancho Cucamonga & Ontario, CA

To qualify for asylum, one must be a refugee – a person who is outside his or her country of residence (or physically present in the United States) and is unwilling and/or unable to return to his or her country of origin as a result of previous persecution and/or a justifiable fear of future persecution on account of nationality, religion, race, political opinion, or association of a particular group.  These groups are in need of international protection since their own country governments are incapable to defend their physical security or inalienable rights.

UNITED STATES ASYLUM POLICY – Applies to California Residents

As a sponsor to the 1967 United Nations Protocol on the Status of Refugees, the nation’s asylum policy and refugee protections are managed through the Refugee Act of 1980.  The Refugee Act recognized two routes to achieve refugee status:From overseas as a relocated refugee, or in the U.S as an asylum inquirer.

There is no set limit placed on the amount of people that could be given asylum in the United States, and a grant of asylum confers significant benefits to the recipient (“asylee”).  Unless an asylee commits a serious crime or otherwise violates the terms of his or her status, an asylee cannot be removed from the United States unless the government can show there has been a fundamental change in circumstances in his or her native country which specifically relate to the underlying basis of the original claim and thus he or she is no longer in danger upon return.

In addition thereto, an asylee is authorized to work in the United States and becomes qualified to petition for a change to legal permanent residency if he or she has resided in the United States for at least one-year after the grant of asylum.  Further, an asylee is permitted to petition for and provide asylee status to his or her spouse and any unmarried children who were under the age of 21 at the time the original asylum application was received by the government; family petitions must be filed within two years of the grant of asylum.

THE PROCESS OF PETITIONING FOR ASYLUM – Asylum Law Firms Can Help

An asylee interested in petitioning for asylum will need to begin the process by filing a Form I-589, which is the Application for Asylum and for Withholding of Removal.  Depending on the location of his or her residence, the application will need to be submitted at a predisposed location.  In the event that the asylee is currently in immigration court, he or she will need to file the form with the immigration court.  Information that is required in the form includes the following:

Location of residence or mailing address, List of last addresses, Contact information, Last known date in country of origin, Reason for seeking asylum, and Criminal history

A person who is granted asylum will be able to remain in the United States and have the opportunity to obtain employment. This individual may seek to obtain a permanent residency status. In the event that a person is denied asylum, the United States Department of Homeland Security will be able to utilize the information provided in the application to determine that he or she is removable from the country.

Petitioners may be denied asylum if the following conditions apply:

Did not abide by the one-year deadline to file Form I-589;

Was previously denied asylum by an immigration judge and/or the Board of Immigration Appeals; or

Has the ability to be removed to a third country under a multi-party agreement between the third country and the United States.

Once the U.S. Citizenship and Immigration Services has received the asylum seeker’s completed application, the applicant will receive the following notices:

Acknowledgement of receipt of the request for asylum, and

Notice to obtain fingerprinting at nearest application support center.

The asylum seeker will also receive an asylum interview notice where he or she is able to bring an accredited representative, attorney, and/or interpreter. The applicant is able to obtain the decision of his or her application at the asylum office two weeks after the interview. If the application requires a longer processing time, the final decision will be mailed.

WITHHOLDING OF REMOVAL – California Immigration & Asylum

A petitioner’s application for asylum will also be considered an application for withholding removal under the Immigration and Nationality Act. Withholding of removal is an order issued by an immigration judge that serves to protect the applicant from being deported to a country where he or she fears persecution. Withholding of removal, however, differs from asylum in that it is strictly limited to those who do not meet asylum requirements. Additionally, petitioners can be denied withholding if the following conditions apply:

The petitioner has aided Nazi persecution and/or been involved in genocide;

Has engaged in the persecution of another individual(s);

Has been formerly convicted of a serious crime and subsequently is a threat to the nation;

Is, for serious reasons, considered to have committed a non-political crime outside the country; or

Represents an active danger to the nation’s security.

SKILLED IMMIGRATION ATTORNEY HELPING THROUGHOUT RANCHO CUCAMONGA AND ONTARIO

To be granted asylum, you must file a formal application (Form I-589, Application for Asylum and for Withholding of Removal) with the United States Citizenship and Immigration Services within one year of requesting asylum at a port of entry and/or entry into the United States.  Additionally, applicants that have knowingly engaged in submitting a frivolous application will be permanently ineligible to receive benefits.

Immigration law pertaining to the application for asylum and withholding of removal is complex. If you are an asylum seeker, you have a right to obtain legal representation. At the King Immigration Law Group, we can assist you with the asylum application and the processes associated thereto. If you live in or around Rancho Cucamonga or Ontario, CA, we are here to help.

Our office understands that the need for asylum generally arises from worse case scenarios and therefore those seeking such status are willing to give up all that they know and love in order to escape the terror and oppression experienced in their home countries.  As such, personalized and competent representation of your asylum claim is essential to your ability to build a strong application and present the best possible case for protection.