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Application For Asylum And For Withholding Of Removal
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Eligibility Requirements: Asylum
✓ Well-Founded Fear of Persecution:
- The applicant must provide evidence supporting a well-founded fear of persecution. This includes demonstrating past persecution or a reasonable possibility of future persecution due to specific factors such as race, religion, nationality, membership in a particular social group, or political opinion. This fear must be both subjective (the applicant's personal feelings) and objective (evidence or documentation that supports their claim).
✓ Timeliness:
- Asylum applications must generally be filed within one year of the applicant's arrival in the U.S. Exceptions to this rule can include significant changes in the applicant's circumstances, such as changes in country conditions that affect the safety of the applicant or the emergence of new facts that affect their eligibility. Applicants must provide a thorough explanation and documentation to justify any delays.
✓ Presence in the U.S.:
- The requirement for physical presence ensures that the applicant is currently residing in the U.S. at the time of filing. This means that applicants must not only be present but must also have entered the U.S. legally or under circumstances that allow them to apply for asylum.
✓ No Firm Resettlement:
- An applicant is ineligible for asylum if they have resettled in a third country prior to arriving in the U.S. This requirement is to ensure that the applicant has not been afforded protection or safety in another country before seeking asylum in the U.S. Factors considered include whether the applicant was granted permanent residence or had access to legal status in another country.
✓ Credibility
- The credibility of the applicant's testimony is paramount. Immigration judges and asylum officers assess the consistency and plausibility of the applicant's statements, including their demeanor during interviews, the details provided, and how they align with country conditions and reports. Discrepancies may undermine the applicant's claims and lead to denial.
Eligibility Requirements: Withholding of removal
✓ Fear of Persecution:
- Similar to asylum, the applicant must prove a genuine fear of persecution based on specific protected grounds. However, the standard of proof is slightly higher than in asylum cases, which necessitates a more comprehensive presentation of evidence that includes personal testimonies, corroborating witness statements, and independent country reports.
✓ More Likely than Not:
- This requirement indicates that the applicant must show there is a greater than 50% chance of facing persecution upon return to their home country. This standard of proof can be supported through country conditions reports, expert testimonies, and personal affidavits that illustrate the risks involved.
✓ No Time Limit:
- Unlike asylum, there is no one-year filing deadline for withholding of removal. This allows individuals to seek protection even if they have been in the U.S. for an extended period. However, applicants should still file as soon as possible to strengthen their case and avoid complications.
✓ No Firm Resettlement:
- Similar to asylum, applicants must establish that they have not firmly resettled in another country before arriving in the U.S. This requirement ensures that individuals who seek withholding of removal have not found safety or permanent residence elsewhere.
✓ Criminal Convictions:
- Certain criminal convictions can disqualify an applicant from eligibility for withholding of removal. This includes serious crimes such as crimes of moral turpitude, aggravated felonies, or terrorist activities. Applicants must disclose any criminal history during the process, and legal advice is crucial to navigate this aspect.
Frequently Asked Questions
Individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum in the U.S.
Yes, it is possible to apply for asylum regardless of your immigration status or whether you’re in the country illegally. You must still file Form I-589 within one year of entering the U.S.
Yes, in general, asylum applications must be filed within one year of the applicant’s arrival in the U.S. However, there are exceptions and waivers to this deadline, such as changed circumstances or extraordinary circumstances.
Asylum is a discretionary form of protection that allows individuals to remain in the U.S. and potentially pursue permanent residency. Withholding of removal, on the other hand, is a mandatory protection that prevents an individual from being removed to a country where they would face persecution or torture. As mentioned above, the standard of proof for withholding of removal is higher than that of asylum.Add an answer to this item.
In most cases, individuals who have filed for asylum and their Form I-589 has been pending for at least 150 days can apply for an employment authorization document (EAD) to legally work in the U.S.
If your asylum application is denied by USCIS, your case may be referred to an immigration court for further review. In the immigration court, you will have the opportunity to present your case before an immigration judge and seek relief from removal. Learn more here.
Yes, you can typically include your spouse and unmarried children under 21 years old in your asylum application, or they may file their own separate applications if they meet the eligibility criteria.
Generally speaking, it is not recommended to travel outside the U.S. while your Form I-589 is pending, as it may be considered an abandonment of your asylum application. However, in certain circumstances, you may be able to obtain an advance parole travel document for urgent or emergency travel needs.
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You won’t have to worry about filling out any forms yourself—our specialists will handle everything for you! All you need to do is answer some questions and provide the necessary documentation. We believe that migrating to the United States shouldn’t break the bank. Unfortunately, most lawyers charge excessive fees and may delay the process, causing unnecessary stress and expenses. That’s why our services are designed to be affordable and efficient, making sure you get the help you need without the hefty price tag.
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1. Once you purchase a package, an immigration forms specialist will contact you. You won’t have to fill out any forms yourself! Instead, you’ll simply answer the questions and submit the documents they ask for, making the process easy and stress-free.
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2. Our expert immigration team will conduct a comprehensive review of your application to identify any potential errors, enhancing your chances of approval. We are dedicated to ensuring that your application is both complete and accurate.
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3. We’ll prepare your application package according to USCIS guidelines and email you the completed forms with directions where to sign with black ink and send back. It’s that simple—you just need to sign and return them, and we’ll handle the rest!
Questions About Our Service
Yes, in addition to our service fees, you may encounter government application fees, biometric fees, and other costs depending on the application type and country. We provide a transparent breakdown of all potential fees during the consultation.
- If your application is denied, we can help you understand the reasons for the denial and guide you through the appeals process or reapplication if applicable. Our team will provide personalized support based on your situation.
- If your application gets rejected, don't worry! We will assist you in understanding the reasons for the rejection and help you reapply at no additional cost. Our team is dedicated to supporting you throughout the process to ensure your best chance of success.
Yes, our Immigration Specialists are bilingual, and we will have someone available who speaks your preferred language to assist you. Your comfort and understanding are our top priorities, so please feel free to let us know your language preference!
- The turnaround time can vary based on the specific forms and your individual circumstances. Generally, we aim to complete the initial review and preparation within a few business days, but we will provide you with a more specific timeline during the consultation.
- If you receive an RFE, our team can help you understand the request and assist you in compiling the required information or documentation to address the concerns raised by immigration authorities.
Yes, you can save your application and return to it at a later time. Our immigration specialists will ensure that your application is securely saved, and you can easily schedule a time to discuss it further when you're ready. This allows you to complete your application at your own pace while still receiving the support you need from our team.
- Yes, immigration laws and policies can change frequently. We monitor these changes closely and provide our clients with updates and advice relevant to their applications, ensuring you are always informed of any impacts on your case.
If your case becomes complex and you need legal representation, we will refer you to one of the best and most affordable lawyers in our network. Our goal is to ensure you receive the highest quality support while keeping your costs manageable. We're here to help you every step of the way!
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