Asylum
Top Asylum Lawyer In Arizona
This type of protection is available to a much wider group of people who have one thing in common: they are afraid of being harmed in their home country.
If you or a loved one has a hearing scheduled in immigration court and are trying to prevent them from being removed from the country, there is another type of protection that may be available – even if you or your loved one is not eligible to apply for asylum protection. Keep reading to find out more about asylum, to learn about the related forms of protection in immigration court, called withholding of removal, and finally to learn about the answers to questions which experienced immigration attorneys are commonly asked.
Witholding Of Removal
Withholding of removal is very similar to asylum. The main difference is you or your loved one can apply, even if it has been more than one year since you last entered the United States. In return for having this form of defense, immigration judges require more than they would for asylum.
Withholding of Removal is a benefit that entitles the beneficiary to remain in the US and receive work authorization upon a showing that it is more likely than not that a person will be persecuted on account of their race, nationality, religion, political opinion, and membership in a particular social group.
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Asylum Attorney's Immigration
Many countries throughout the world offer individuals asylum protection if they meet a specific set of requirements. The United States is no different, and in fact, follows many international standards meant to protect people from foreign governments who are unable or unwilling to protect its own citizens.
To start, an applicant for asylum must be trying to escape harm that they believe would come to them in their home country if they returned.
You or a loved one may be eligible to apply for asylum if you or someone close to you has experienced past threats, physical harm or abuse in your home country. If this has not happened, but there is reason to believe it might happen if you or your loved one returns to your home country, then you still may be eligible to apply for asylum.
The next question to ask is why would this harm happen?
Asylum law cannot protect everyone who is fearful of returning to their country, but it can protect more than just those involved in politics. In the United States, asylum law protects groups of people who fit into any one of these categories:
(1) people who may be harmed because of their race;
(2) people who may be harmed because they are citizens or nationals of more than one country;
(3) people who may be harmed because they practice a religion that is not widely accepted in their country;
(4) people who may be harmed because of their political viewpoints, or because of political viewpoints others may think they have;
(5) people who are members of a particular social group, which explained is a small group of individuals within their society that share life experiences (some examples include: family members of famous people; gay or lesbian or trans individuals; wealthy individuals or families who own land or businesses; people who have testified in court; and many others);
(6) people who have suffered severe physical or mental abuses by agents of their home country’s government.
If you think you may qualify, remember that even though evidence is an important part of any case, you or your loved one should not decide you don’t have enough evidence without first consulting with an experienced immigration attorney. An experienced immigration attorney will discuss what kind of evidence you may be able to obtain and submit to an immigration judge to help win your case. But what you tell the judge in your hearing, your testimony, is also very strong evidence. Usually your testimony and not documents is the deciding factor in winning an asylum case.
If you think you may qualify for asylum, the next question to ask is how long has it been since you entered the United States? In order to qualify for asylum, you must file your asylum application within one year since you entered. If it has been more than one year and you have not filed for asylum yet do not fear as there may be an exception that could benefit you.
Sometimes, an experienced immigration attorney can provide legal arguments to a judge explaining why you are eligible for asylum, even though it has been more than a year since you last entered the United States.
First, when your personal situation has changed in a way that now makes the thought of returning to your home country terrifying. For example, while you were present in the United States, a family member was elected to be mayor of a city in your home country, and as a result of this public position, your family has received threats or has been harmed.
Second, the situation in your country has changed to make the thought of returning terrifying. For example, a law prohibiting gay or lesbian marriage was implemented and you are married to a same-sex individual.
If you have not filed an asylum application within one year since you entered (and you don’t qualify for an exception), you could still qualify for the defense called: withholding of removal.