When Returning Home to Face Persecution is NOT an Option–Seek Asylum
Our lawyers carefully screen asylee cases to ensure the criteria to file asylum is met. As a result, we have a strong track record of successful cases. Asylum status may be given to an individual who meets a very strict definition of a refugee. A refugee or asylee is defined as any person outside his or her country of nationality (or in the case of a “well-founded” fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, is unable or unwilling to return to that country, and is unable or unwilling to avail him or herself of the protection of that country. There are unique conditions where a refugee is also someone still residing in their country.
An asylee must apply within one year of arrival in the United States, unless ‘exceptional circumstances’ are found that meet the Federal Regulations. If an individual is placed in removal, and has never applied for asylum relief, they may seek Withholding of Removal or CAT. Once an individual is granted asylum, they will eventually be able to adjust to a Permanent Resident and eventually Citizenship.
Withholding of Removal
While this option is similar to asylum, withholding of removal and CAT (explained below) is available when a foreign national does not meet the criteria for asylum, such as filing within one year. Also, Withholding of Removal/CAT is available if a foreign national is placed in removal or deportation proceedings.
Withholding of Removal found in INA 241(b)(3); 8 CFR 208.16 requires an applicant to demonstrate the following:
An applicant must show a clear probability of harm, or that it is more likely than not that her life or freedom would be threatened (on account of race, religion, nationality, membership in a particular social group, or political opinion) if returned to his or her home country. The standard here is higher than asylum “which is a well-founded fear.”
Withholding is mandatory if the Attorney General determines that the applicant’s life or freedom would be threatened. While there are important benefits gained such as the applicant’s ability to receive work authorization, this is not an automatic right to remain in the United States. The Department of Homeland Security (“DHS”) may impose conditions; remove the individual to a third country, and/or move to revoke the status. Clients cannot apply directly for lawful permanent residency, and clients cannot petition to bring family members to the U.S. except certain conditions and exceptions are met.
Convention Against Torture
CAT, which stands for the United Nations (“UN”) Convention Against Torture (“CAT”) is also available to clients who are in removal proceedings or who have failed to meet the criteria for asylum. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. If it is more likely than not that an applicant will be tortured then no State shall expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.
We invite you to Contact our lawyers today for a video or in person office consultation at firstname.lastname@example.org or you may call/text us at our scheduling line (703) 966.0907 between the hours of 9:00am to 5:00pm EST. For Canadian Immigration solutions call: 1 (905) 922.5136 .