Asylum is a relief granted to individuals who are presently in the United States but are unable or unwilling to return to their home country because of fear for their lives. An asylee must show:

• Either past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group or political opinion. A grant of asylum allows the asylee to remain in the U.S. with valid status and with employment authorization. The asylee may then apply for adjustment of status to permanent resident after living in the U.S. for one year after the date of the grant of asylum.

• That he or she has not firmly resettled in a third country before coming to the U.S. This means that after fleeing or departing the persecuting country, the applicant must not have established roots or been granted asylum or residence in another country.

The Asylum Process

To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival to the U.S.

In addition, you must qualify for asylum under the definition of “refugee.” Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the U.S. Citizenship and Naturalization Service, an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision.

Application for asylum is a serious and meaningful request that sound not be taken lightly due to the risk of deportation involved. It is also a very complex and fluid area of law. It is important to get the advice of a knowledgeable immigration attorney. At the Law Office of Paula Joachin we will gladly review and prescreen any political asylum claim you may have and advise you accordingly.

Withholding of Removal

Withholding of Removal (withholding) is a type of protection for persons who fear severe harm in their home country but are ineligible for asylum. It requires a showing of the same elements as asylum. While withholding is more flexible in terms of the timing of the application and the criminal history of the applicant, the standard of proof is significantly higher than that of asylum. Whereas asylum only requires that the applicant show a credible fear or significant likelihood of harm, withholding requires a showing of a clear probability of a threat to life or freedom. This means that it must be shown to be more likely than not that the person would endure harm if returned home. Withholding is a limited protection, and it only grants a person the right to remain in the U.S. as long as their lives remain endangered upon returning home.

Convention Against Torture

The United Nations Convention Against Torture (CAT) provides protection for persons who fear being tortured by the government in their home country or by a group closely associated with the government. The person must prove that he or she is more likely than not to be tortured, either directly by or with the consent of their government. To qualify for protection, the person must show that the torture is probable – a higher standard than for asylum. A benefit of the CAT regime is that an immigration judge must grant you relief if you demonstrate this probability – they do not have the discretion to weigh the equities and rule against you, as they do in other deportation defense contexts. In addition, a person may apply for relief under CAT at any time and regardless of criminal history (even if they have committed very serious crimes). CAT relief is a limited protection, only guaranteeing that the person will not be removed to their home country while he or she remains in danger of being tortured. A person granted CAT protection can remain in the U.S. legally and work, but cannot adjust status to that of lawful permanent resident.

Not sure if you qualify? Schedule a consultation with us today (619) 550-1616