Asylum & Deportation

Asylum & Deportation

Asylum is a form of protection for individuals who have been persecuted or fear persecution in their home country based on their race, religion, nationality, membership in a particular social group, or political opinion. If you are in the United States and are seeking asylum, you may be eligible to apply for asylum if you meet the following requirements:

  • You are physically present in the United States.
  • You are not barred from applying for asylum (for example, because you entered the United States illegally).
  • You have been persecuted or have a well-founded fear of persecution in your home country.

 

To apply for asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and submit it to U.S. Citizenship and Immigration Services (USCIS). You will also need to provide evidence of your persecution or fear of persecution, such as documents, witness statements, and other supporting materials.

If your application is approved, you will be granted asylum and allowed to live and work in the United States indefinitely. If your application is denied, you may be able to appeal the decision or seek other forms of relief, such as withholding of removal or protection under the Convention Against

Filing the asylum application: To apply for asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and submit it to USCIS along with any supporting documents and evidence. You will also need to pay a filing fee, unless you are granted a fee waiver. It’s important to provide as much detail as possible in your application and to be honest and accurate in your statements.

Interview with an asylum officer: After you have submitted your application, you will be scheduled for an interview with an asylum officer. During the interview, you will be asked about your reasons for seeking asylum and your past experiences of persecution or fear of persecution. You may also be asked about your background, family, and other personal details. It’s important to be prepared for the interview and to bring any documents or evidence that support your claim.

Decision on your application: After your interview, the asylum officer will make a decision on your application. If your application is approved, you will be granted asylum and allowed to live and work in the United States indefinitely. If your application is denied, you will receive a written notice explaining the reasons for the denial.

Appeals and other options: If your application is denied, you may be able to appeal the decision or seek other forms of relief, such as withholding of removal or protection under the Convention Against. You can find more information about these options on the USCIS website.

It’s also important to note that there are strict deadlines for applying for asylum, so it’s important to act quickly if you believe you may be eligible. It’s a good idea to consult with an immigration lawyer to understand your options and to ensure that you meet all of the requirements for asylum.

Deportation from USA
In the United States, deportation is the process of removing a foreign national from the country for violating U.S. immigration laws. There are several grounds for deportation, including:

  • Being in the United States illegally
  • Overstaying a visa
  • Committing a crime or engaging in criminal activity
  • Being a security threat
  • Engaging in fraud or misrepresentation

 

If you are in the United States and are facing deportation, you may be eligible to defend yourself against deportation by presenting a defense to removal, such as:

  • You are a lawful permanent resident (green card holder) and you have not abandoned your residence
  • You are a citizen of the United States
  • You have been granted asylum or refugee status
  • Deportation would cause extreme hardship to you or your family
  • You have been the victim of certain crimes and have assisted law enforcement in the investigation or prosecution of those crimes

 

If you are facing deportation, it’s important to consult with an immigration lawyer to understand your options and to ensure that you have a strong defense against removal. An immigration lawyer can also help you prepare for your immigration court hearing and represent you in front of the judge.

Notice to Appear: If you are placed in deportation proceedings, you will be given a Notice to Appear (NTA) in front of an immigration judge. The NTA will state the charges against you and the date and time of your hearing. It’s important to carefully review the NTA and to notify the immigration court if you have any changes in your contact information or if you need to reschedule your hearing.

Immigration court hearing: At your hearing, the immigration judge will hear your case and consider any defenses you have against deportation. You will have the opportunity to present evidence and to call witnesses to testify on your behalf. You may also be able to apply for relief from deportation, such as asylum or cancellation of removal, if you meet the requirements for these forms of relief.

Decision and appeal: After your hearing, the immigration judge will make a decision on your case. If the judge orders you to be deported, you may be able to appeal the decision to the Board of Immigration Appeals (BIA). The BIA will review your case and issue a decision on your appeal. If the BIA affirms the immigration judge’s decision, you may be able to appeal to a federal court of appeals.

Removal: If you are ordered to be deported, you will be placed in removal proceedings. You may be detained by Immigration and Customs Enforcement (ICE) or released on bond or on your own recognizance, depending on your circumstances. You may also be able to request a stay of removal if you are awaiting a decision on an appeal or other form of relief. If your request is granted, you will be allowed to remain in the United States while your case is pending. If your request is denied, you will be required to leave the country.

For more information and an in-depth guide, please do not hesitate to Contact Us.