Immigration Court - Asylum
The 5 bases for asylum are:
- Race
- Religion
- Nationality
- Membership in a Social Group
- Political Opinion.
One must prove with documentation, witness testimony and other evidence that ones self or family has been persecuted in their own country in the past and because of that persecution one has a "credible fear" of returning to their home country.
For harm or suffering to be considered persecution, it must have be inflicted by either the government or persons or organizations the government is unable or unwilling to control.
The following questions must be answered to determine whether an asylum application can be approved and permanent residence in the United States awarded:
- Has your personal safety, life or freedom ever been threatened on account of Your Race.
- Have your beliefs, practices or association in a Church, Synagogue, Mosque, Temple or other Religious Group caused you or your family to be persecuted?
- Are you a member of an ethnic group or nationality which has suffered persecution in your home country and have you or your family ever been arrested, detained, threatened or abused because of such membership?
- Are you or your family a member of any in a social group such as military, gender, sexual orientation, dissident or other group which has been persecuted in your native country and have you or your family ever been selected out for individual persecution?
- Are you or your family a member of any political party or organization that has been subject to persecution for actively expressing such political opinions?
FILING DEADLINE-WORK AUTHORIZATION
Petitions for Asylum must be filed within 1 year of entry into the United States, absent extraordinary circumstances. Upon filing for Asylum a work permit can be issued after 180 days.
TRIAL PREPARATION
Asylum trial preparation and presentation. A successful Asylum Hearing and award of permanent residence requires extensive documentation and witness preparation by an experienced trial attorney.
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