Date: Wed, 31 Dec 1997 21:22:34 GMT Server: Apache/1.2.4 Connection: close Content-Type: text/html
In order to establish a claim for asylum in the United States, applicants must show that they have a "well-founded fear of persecution." The persecution that is feared must be related to the applicant's race, religion, nationality, membership in a particular social group, or political opinion. Lately, the INS has expanded its definition of social group to include gender and, in some cases sexual orientation. There is also some legal authority to the effect that a family is a social group. Past persecution, in itself, may also form the basis of an asylum claim. The law of asylum is highly complex and now decisions are being made by the INS and the courts on a daily basis. Accordingly, it is highly recommended that an asylum applicant seek advice from Mr. Perkins.
Applicants for asylum are also considered to be applicants for withholding of deportation. To establish withholding of deportation, an applicant must show that he or she faces a clear probability of persecution should he or she return to their home country. This is a higher standard than the well-founded fear of persecution necessary to obtain asylum.
A person who obtains asylum may apply for permanent residence one year after obtaining asylum.
1. | The Procedure for Obtaining Asylum Many individuals enter the country legally and apply for asylum with the INS. When this happens, they are given an asylum interview after several months. Ten days after the interview they are supposed to come back to the INS to receive the decision. Assuming that the decision is positive, the applicant will be awarded asylee status along with his or her spouse and any children under the age of 21 present in the United States will also be awarded asylee status. If a spouse or child (under 21) of an asylee is not present in the United States, the asylee can file a reunification petition which would allow these relatives to be admitted to the United States as asylees. It presently takes about five months for the spouse or child of an asylee to be allowed to come to the United States on the basis of a reunification petition. Asylees may apply for permanent residence one year after being granted asylee status. If the initial decision by the INS is negative and the applicant's visa has expired, the applicant's case will be referred to an immigration judge. Sometime thereafter, the applicant will again be entitled to present his or her political asylum case before the judge in a trial. It is highly recommended that the applicant be represented by a skilled attorney at trial. Mr. Perkins has successfully represented applicants across the United States. If the applicant wins the trial and is granted asylum, the applicant will be given asylee status with the same rights as described above. Assuming that the applicant loses the trial, the applicant will have a chance to appeal the results to the Board of Immigration Appeals ("BIA"). At present, the appeal process averages 1 to 2 years. If the applicant wins on appeal, he or she will either be granted asylum by the BIA or the case will be sent back to the immigration judge for further proceedings. If the BIA does not reverse the immigration judge's decision, the case may then be appealed to the United States Court of Appeals. Like the BIA, the Court of Appeals may grant asylum or send the case back for further hearings. Assuming that the Court of Appeals does not reverse the BIA's decision, the case can then be appealed to the United States Supreme Court. Applicants who do not enter the United States legally may also apply for asylum with the INS. Illegal immigrants caught at the border and placed in deportation or exclusion proceedings may also apply for asylum. Applicants already in deportation or exclusion proceedings do not have the opportunity to present their cases to the INS, but may present their claim to an immigration judge at an asylum trial. |
2. | The Effective Presentation of an Asylum Case While the facts are extremely important in any asylum case, an effective presentation of the case can mean the difference between success and failure. There are several elements which can assist an applicant in effectively presenting their asylum case. They are:
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Copyright © 1997 - Robert A.
Perkins & Associates
Last Modified: October 13, 1997 10:51 PM