Why You Need an Asylum Lawyer
Having an asylum lawyer is important, especially when you’re trying to get your family out of a foreign country. If you’ve been denied your right to asylum, you could be in danger. If you’re a refugee, you could be in danger of persecution for your religious beliefs. There are several reasons why you may be eligible for asylum, and you need to know what they are before you apply.
Religious persecution
Whether you are a person who is being persecuted for your religious beliefs or for other reasons, you may be eligible for immigration to the United States. However, before you submit your application, you should speak with a lawyer to ensure that you are eligible for asylum. A religious persecution asylum lawyer can help you determine whether you qualify for asylum and whether your application should be denied.
Religious persecution can be defined as any persecution that prevents someone from practicing their religion or being able to belong to a religious group. Usually, persecution of large religions is more common than persecution of smaller ones. This means that, if you are a member of a smaller religious group, it is very likely that you are persecuted.
Asylum for religious persecution is granted to individuals who have a well-founded fear of persecution because of their religion. A person can be granted asylum if they can prove that their persecution is motivated by one of five protected grounds. If you believe that you qualify for asylum, you should speak with an attorney immediately. This attorney can help you determine whether you qualify for asylum, whether your application should be denied, and how to proceed with your asylum case.
Asylum cases based on religious persecution have faced significant obstacles. This is because the Immigration and Naturalization Service (INS) has the discretion to deny an application on the grounds that the applicant does not qualify for asylum. An INS officer may also believe that you are not in danger, but if you can prove that your persecution was caused by one of the five protected grounds, you may be granted asylum.
Asylum is not granted for criminal prosecution or for any other reason that is not motivated by a protected ground. However, you can prove that persecution was motivated by a protected ground by showing that you were harmed due to your religion or that you were threatened. Asylum adjudicators will look at how severe the punishment was and whether the persecution was motivated by a violation of international human rights standards. Often, they will compare the United States’ laws with those of the country in question.
The International Religious Freedom Report for the year 2016, prepared by the United States Department of State, identifies countries with high levels of persecution. Countries such as Egypt, China, and Iran are often considered to be among the most persecuted countries in the world. Several of these countries have had church bombings or other religious-related hate crimes in recent years.
In Re A-M-, a Chinese Christian from Indonesia was denied asylum because his record did not show a pattern of persecution. This case was remanded for a new determination of eligibility.
Withholding of removal
Despite the changes in the immigration rules under the Trump administration, Withholding of Removal remains an important option for immigrants to pursue. This type of protection is similar to Asylum, but it offers less certain protection and fewer benefits. The United States government can withhold someone from removal to a country where their life or freedom is at risk. However, unlike Asylum, Withholding of Removal does not open the door to legal permanent residency or citizenship.
Withholding of Removal is an alternative form of protection that can be granted by immigration judges. It is similar to asylum, but it is more difficult to win. The applicant must prove that they are threatened with deportation and that their removal to a country of danger is more likely than not. Withholding of removal is not discretionary, and there is no one-year filing deadline. In most cases, individuals will first apply for asylum before seeking withholding. However, in some cases, individuals are sent to withholding-only removal proceedings. The most common way to place individuals into these proceedings is through an interview at the border with an asylum officer.
There is a higher burden of proof for Withholding of Removal than for Asylum, but it is still possible to win. This is especially true if the applicant has no prior deportation orders. If the alien has been ordered deported, however, they are ineligible for withholding of removal. Aliens who are subject to expedited removal must show a credible fear of persecution in their home country. This is different from the “credible fear” test used in normal removal proceedings.
If an alien is convicted of a crime that will be considered a bar to Asylum, the person may still qualify for Withholding of Removal. However, a withholding of removal is not a permanent solution, and the individual may never leave the United States without executing a removal order. Aliens who are in custody in the United States may also qualify for Withholding of Removal.
In withholding-only proceedings, the applicant’s testimony may suffice to meet the burden of proof, but corroboration is not required. Instead, the Immigration Court will assess the evidence presented to determine whether the applicant has a credible fear of deportation and whether their removal to the proposed country of removal will be likely to violate the Convention Against Torture.
In withholding-only proceedings, a person’s case may also be reviewed by the Fourth Circuit Court of Appeals, which covers Virginia, West Virginia, and South Carolina. In addition, the Immigration Resource Center, part of the United States Code of Laws, can help individuals in custody with immigration officials. It is important to contact an attorney before attempting to file for Withholding of Removal.
If the applicant’s testimony is not enough to satisfy the burden of proof, the Immigration Court may require that the applicant provide further evidence of the proposed country of removal. This evidence may include information on the conditions of the country, its history of persecution, and the applicant’s political or religious beliefs.
Those who have applied for asylum are eligible to receive a work permit, or Employment Authorization Document (EAD). EAD cards contain the name, date of birth, and USCIS number of the holder. The EAD can be used for identification purposes, but only as long as the person has the proper document to prove their authorization. In order to receive an EAD, the applicant must file Form I-589, Asylum Application, and have the document stamped by an immigration judge or court. If the application is denied, the applicant can appeal the decision to the Board of Immigration Appeals. The EAD may be extended for a successful appeal.
If you have received a work permit, you will need to show it to employers. If the EAD has expired, you must file a renewal application before the expiration date. The work permit will be automatically renewed for another 540 days once you receive the receipt notice from the Service. You can find out your case status online. You can also contact a USCIS service center if you have questions. The International Refugee Assistance Project (IRAP) offers free legal assistance to help you apply for asylum.
You will also need to have your Social Security card available for employers to see. This is the only proof of your authorization to work. Applicants with criminal records or children under 21 are not eligible to receive employment authorization. If you have questions about a work permit application, it is best to consult an attorney. Applicants may also be eligible to apply for faster processing.
Asylum applicants are not eligible for EAD if their case is pending for more than 150 days. In order to qualify for employment authorization, the application must be filed within one year of the date of entry into the U.S. A worker who has a pending application may apply for employment authorization at any time before the one-year period. In addition, applicants may submit a waiver application if the application was submitted prior to the 150-day period. A work permit is not required for those who have won their asylum case. However, those who have been denied can apply for a work permit after they have received a decision.
If an asylum applicant is denied, he or she may petition the Board of Immigration Appeals or a federal court to have the case reviewed. If the Board of Immigration Appeals finds that the applicant has been granted asylum, the applicant will be able to work in the U.S. EAD may be extended to allow an asylum applicant to apply for an extension of time to appeal the decision. If the Board of Immigration Appeals decides against the applicant, the applicant can petition for judicial review in federal circuit court.
