If you were persecuted because of your race, nationality, religion. membership in a particular social group or political opinion, you may apply for asylum regardless of your country of origin or current immigration status.
To be considered for asylum within the United States, you must:
- Be physically present in the United States (it doesn’t matter how you arrived) for less than one year from the date of your last arrival, unless you can show that you qualify for an exception to this requirement.
- Demonstrate that you were persecuted or afraid you might be persecuted because of your race, religion, nationality, political opinion, or membership in a particular social group.
If you are not eligible for asylum, you might be eligible for “withholding of removal” which prevents the U.S. government from sending you to your home country during the time that your life or freedom may be threatened.
You can ask for withholding of removal even if more than one year has passed since your last date of arrival to the United States.
However, only the Department of Justice’s immigration court can grant withholding of removal, and it does not include family members.
The process of deportation or removal of an immigrant is complicated and ever-changing. It is imperative that you seek legal advice from an experienced immigration attorney.
We defend clients in immigration court and guide them in seeking relief. There are many reasons why someone may be placed in removal proceedings and there are important and time-sensitive documents that need to be filed on behalf of our clients.
While there are many reasons someone may be placed in deportation proceedings (criminal offense, Visa overstay, denial of immigration relief by USCIS, Marriage fraud, etc.) our attorneys are experienced in defending clients all the way to the Supreme Court.