You May Be Eligible for Asylum In the United States
Asylum is a form of immigration relief for persons who are already in the United States who fear persecution if they are forced to return to their home country. If you are granted asylum in the United States, you may be eligible to apply for a Green Card after one year of the asylum grant with a part to citizenship. Asylum may be granted to an applicant based on one of the following grounds as enumerated under the Immigration and Nationalities Act (INA): political, race, nationality, religion, and membership in a particular social group. You may also be granted a relief from removal under the Convention against Torture(CAT). Under the doctrine of non refoulement, United States Government is under an obligation not to remove anyone to a country where they would face torture, cruel, inhuman or degrading treatment or punishment or irreparable harm.
How to Succeed in an Asylum Claim
To succeed in an asylum claim, you should be able to demonstrate before the asylum officer of the United States Citizenship and Immigration Service(USCIS) or before the Immigration Judge at the United States Immigration Court that you suffered or that you will suffer harm in the future if you are forced to return to your country of origin. You must also show that the harm was or will be perpetrated by the government of your country or by private actors in your country that the government is unable or unwilling to control, and that the harm occurred or will occur on account of one of the enumerated grounds under the INA. You must also demonstrate that the harm you suffered rose or the harm you fear to suffer in the future, will rise to the level of persecution envisaged under the immigration laws of the United States including the Board of Immigration Appeals and various Court of Appeals precedents.
There is a One-Year Asylum Application Deadline
You must file your asylum application within one year of your entry into the United States, If you fail to file your asylum application within one year of your entry into the United States, the government of the United States may still grant you asylum relief if you demonstrate an exception to the one-year deadline by showing changed circumstances or changed country conditions. The one year deadline does not apply to withholding of removal under the Act, withholding of removal and deferral of removal under the Convention against Torture(CAT).
Applying for asylum in the United States can be a very complex process. It is always advisable to consult an experienced immigration attorney to assist you with your asylum application matter. Please do not hesitate to contact Zenith Law Firm at 202-679-8679 for expert immigration counsel.