Legal Question in Immigration Law in Michigan

Re: Asaylum

Are you asking whether you can apply for asylum -- Sure. But you had better have a valid claim for it. Find yourself a good immigration attorney who handles asylum cases, and apply before you reach one year in the United States. After that one year period it will be too late -- unless you meet an exception. Good luck!

Political Asylum

At first glance, you appear to have a credible fear of returning to your home country, and this may be eligible to file for Political Asylum/Withholding of Removal/United Nations Convention Against Torture Application ("UNCAT") pursuant to a validly submitted I-589 Application.

You may apply for asylum irrespective of your immigration status and even if you are in the United States unlawfully. You MUST file this application within one year after you arrived in the United States, unless you can show that there are changed circumstances that affect your eligibility for asylum or extraordinary circumstances that prevented you from filing within one year.

If you have previously been denied asylum by an Immigration Judge or the Board of Immigration Appeals ("BIA"), you must show that there are changed circumstances that affect your eligibility for asylum. The determination of whether you are permitted to apply for asylum will be made once you have had an asylum interview with an asylum officer or a hearing before an Immigration Judge. Even if you are not eligible to apply for asylum for the reasons stated above, you may still be eligible to apply for withholding of removal under section 241(b)(3) of the INA or under the Convention Against Torture beforethe Immigration Court.

In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution. (INS section 208; 8 CFR sections 208 and 1208, et seq.)

If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status. If you are not granted asylum, the Department of Homeland Security ("DHS") may use the information you provide in the application to establish that you are removable from the United States.

Your asylum application is also considered to be an application for withholding of removal under section 241(b)(3) of the INA, as amended. It may also be considered an application for withholding of removal under the United Nations Convention Against Torture if you elected to do so, or if the evidence you present indicates that you may be tortured in the country of removal. (8 CFR sections 208.13(c)(1) and 1208.13(c)(1).) If asylum is not granted, you may still be eligible for withholding of removal.

Please contact our Law Office for more details.

RDM

Re: Asaylum

If your life is in danger in your home country, you may be eligible to apply for asylum and related relief but the danger must come from a government source or someone the government is unable to control. It is best to see an immigration lawyer. Our consultations are free of charge so email us if you want to speak in more details to our attorneys.