If a person is in removal proceedings, he or she may submit a “defensive” claim for asylum. A claim is termed “defensive” because it is a defense to the government’s effort to remove the person from the United States.
Refugee protection is available to designated persons outside the United States. Under U.S. law, an “asylee” is a person who otherwise meets the refugee definition but who is either at the border or within U.S. territory already.
Persecution is the infliction of harm or suffering. Not all harm rises to the level of persecution. In general, however, the more severe the harm, the more likely a court will find persecution. Harm should be looked at cumulatively. Harm could be physical, psychological, or economic. The harm could have been inflicted in the past, or be feared in the future.
With limited exceptions, an applicant will not be eligible for asylum unless it is demonstrated that the application for asylum was filed within one year of the foreign national’s last arrival in the United States. Asylum is a discretionary remedy that may be denied if the applicant does not merit a favorable exercise of discretion on the part of the adjudicator.
Refugees and asylees eventually would be eligible for permanent residency and, ultimately, for citizenship, if they qualified. The spouse and minor children of refugees and asylees would also be eligible if qualified.
Believe you have become persecuted in your home country or will be due to your race, religion, national origin, or political stance? Talk to Arnaout Immigration Law Firm. Our Glendale immigration attorney can help you craft an effective deportation or removal defense through pursuing asylum.
Schedule your consultation now by calling (818) 276-9900.