Asylum – Immigration Law
Asylum applicants need to be informed of the strict requirements of immigration law. Due to many past fraudulent cases, the government is increasingly skeptical of asylum claims. Our goal at Carson & Kyung, A Law Corporation is to serve individuals who seek protection from the US Government out of credible fear for returning to their home country. Unfortunately, not all are blessed to live in a country that protects the rights of their people. Our team of Sacramento immigration lawyers can assist in obtaining either Asylum benefits, either affirmatively or defensively, on your behalf. Our immigration law firm prides itself in obtaining successful results for clients, providing representation with honesty, integrity, and diligence.
What is Asylum?
It is the protection by the US of individuals who have suffered or fear persecution in their home countries based on their particular race, nationality, political opinion or social group. This fundamental human right is guaranteed through an international convention relating to refugees and was confirmed/codified by US Congress under the Refugee Act.
What does it mean to apply for Asylum affirmatively and defensively?
Individuals fleeing from persecution can apply for asylum either affirmatively or defensively. Those applying affirmatively are those who came to the US with or without proper documentation and have not been placed in removal proceedings; whereas, those applying defensively are those who were placed in removal proceedings in order to prevent deportation to their home country. The latter is heard before an Immigration Judge.
What are the requirements for Asylum?
In order to qualify, the intending applicant demonstrate that (s)he is unable or unwilling to avail to protection of their home country because of a well-founded fear of persecution on account of (a) race, (b) religion, (c) nationality, (d) membership in a particular social group, or (e) political opinion. There are bars to applying. For example, if the intending applicant is or was a persecutor of others, firmly resettled per INA Section 208(b)(2)(A)(vi), previously applied for asylum and was denied, was convicted of aggravated felony, did not file within one year of arrival in the US unless an exception applies, etc.
What if I am barred from applying for Asylum? Is there an alternative way for me to prevent removal to my home country?
Yes, there may be a way under Withholding of Removal. It’s usually sought if the intending applicant committed an aggravated felony, barring her from asylum, there are negative factors such as criminal history making the discretionary grant of asylum doubtful, or when the individual does not qualify due to the one year filing requirement.
What are the benefits to Asylum?
When Asylum is granted, the asylee has the opportunity to work and live in the US legally and eventually apply for lawful permanent residence (a green card). Asylee status confers a host of other benefits such as derivative status for spouses and children (unmarried and under the age of 21) of asylees, public benefits such as Social Security Income, Medicaid, Food Stamps, and the right to travel.
Our Sacramento immigration attorneys have received asylum benefits for individuals and have even obtained an affirmative asylum approval within 4 months of applying. It is crucial that you present the best case possible for your affirmative or defensive claim. Our immigration lawyers will provide you with an analysis of your case based on the standards that are set forth by our immigration laws.
Please do not hesitate to contact Carson & Kyung, A Law Corporation to discuss your potential case.
USCIS Asylum: http://www.uscis.gov/humanitarian/refugees-asylum/asylum