An individual physically in the United States who expresses fear of persecution based on nationality, race, political membership, or opinion or belonging to a certain social group is eligible for seeking asylum. Some of the sections may be clear, while others, like the definition of a social group, are subject to great litigation in federal courts.
What must an asylum have to do to seek protection from the law to prevent being deported?
Be out of the country of your nationality
Asylees by definition are in the United States. This means you are outside the country of your nationality as expressed by US law.
Avoid persecution by the government of the native country
You should avoid persecution from matters such as economic disadvantage (inability to gain employment), interfering with other people’s privacy, substandard living standards, deprivation of access to higher education, or ostracization by society.
Avoid any harm from various parts of the government
The army and police are sections of the government. The government should be in control of meeting the demands of the asylum laws.
In case you are affected by one of the defined conditions
Conditions such as race, religion, political opinion, social group, and nationality. A social group refers to individuals with particular traits that form a certain society through shared characteristics. Despite the law not capturing persons that fled their native countries due to criminal prosecution, generalized violence, and civil wars, these are some of the reasons that may suffice for asylum.
Do not pose a danger to society
International law recognizes that nations have the right to get rid of or exclude asylum seekers that may be a danger to the community. Some of the reasons that may lead to the declaration of causing harm to society include committing serious crimes that entail aggravated felonies as per the law that poses threats to the security of the land or people involved in crimes against humanity like war crimes.
Bars in seeking asylum
Despite meeting the criteria above for asylum, you may not qualify for asylum-seeking under some circumstances. Some reasons that may lead to being barred from seeking asylum include but may not be limited to:
- A conviction for an aggravated felony or certain serious crimes
- Committing serious nonpolitical crime outside the United States
- Poses a threat to the United States’ security
- Has ordered, engaged, assisted, or participated in the persecution of any person based on religion, race, nationality, and membership in a certain social group or political stand
Competent representation is crucial
The immigration law requires competent representation and guidance, considering that your asylum claim is crucial in promoting the strongest and best possible application. There are vital documents and submissions required in the essential process. Based on the fact that you may have little or no knowledge of the required paperwork, it is advisable to seek the help of an asylum attorney to help you out.
The search for professional help should lead you to an individual to offer better assistance in the immigration issue. Here are things to guide you in your search:
Ensure that the candidate you choose has exclusive experience in the practice of immigration law. Specialization works well for law: having a huge impact when you opt for a general practitioner over a specialist. Working with a lawyer that is specialized in it will promote quality immigration services.
Expertise in immigration law is crucial. The best candidate has the right experience: professionals that have practiced longer are better options for you.
Consult an asylum lawyer before filing an asylum application since there are varying consequences for applying to an immigration court. If you receive a grant of asylum, you will be able to make applications for changes in the status of the green car.