Asylum, Withholding of Removal, and CAT

A Particular Social Group (PSG) is a group based on a“common immutable characteristic”that members of that group cannot change nor should be required to change.Matter of Acosta, 19I&N Dec. 211,222 (BIA 1985). PSG is one of the most complex bases for asylum, for example, family relationships, gender, LGBTQ groups/identity, involvement in political parties and past activities, and other group memberships.

Yes, you can still apply. A significant legal development occurred on June 28, 2022, in the case of Zepeda-Lopez et al. v Garland within the Second Circuit. In this ruling, the court overturned along standing decision by the Board of Immigration Appeals, which previously required asylum applicants with dual citizenship to demonstrate fear of persecution in every country of their citizenship.The Second Circuit's decision now mandates that an asylum applicant only needs to establish a credible fear of persecution in one of their countries of citizenship. While this precedent currently applies solely within the Second Circuit, it represents a noteworthy triumph for advocates of asylum rights.

Navigating the asylum application process involves distinct paths based on your immigration status. If you have not faced removal proceedings or immigration detention, you will pursue asylum"affirmatively"through USCIS. In this scenario, your application is proactive, initiated by you and your attorney, rather than in response to existing legal actions. Conversely, if you are already in proceedings or have experienced detention, your application is categorized as"defensive."Immigration Judge will be deciding your asylum application.The designated form for the asylum application isI-589, a comprehensive document soliciting detailed information about you, your family, and the reasons compelling your fear of returning to your country of origin. Given that the contents of the I-589 may be used against you later,seeking professional assistance is crucial, minimizing the risks associated with attempting a solo application.Our team specializes in handling both affirmative and defensive asylum applications, ensuring a thorough and effective process tailored to your unique circumstances.

The duration for concluding an asylum case is subject to considerable variation, depending upon the details of the case and the existing backlog of cases at the immigration court. A precise estimate of the expected timeline can be provided by your immigration lawyer after a thorough examination of the specific details of your case.

Navigating the asylum process before a judge is a critical period that necessitates the guidance of an experienced asylum attorney. During this stage, known as removal proceedings, the outcome carries significant consequences–a denial by the judge could lead to your removal from the United States. The proceedings involve a judge overseeing the case and a government attorney acting as a prosecutor.

Your asylum attorney plays a key role in advocating for you, presenting arguments to establish your eligibility for asylum. Attempting to handle this process without professional representation is strongly discouraged. The legal team at the Law Offices of Alex Kononenko has extensive experience in conducting hearings at various Immigration Courts.
Upon successfully obtaining asylum, the next step involves reuniting with family members who remained in your home country. This is achieved through the submission of Form I-730. It is important to note the specific limitations of this process, including the eligible family members you can sponsor and the timeframe for filing the I-730. Generally, the submission must occur within two years of receiving asylum. Collaborating with an experienced team of lawyers ensures the accurate and timely filing of your I-730 petitions.

Upon filing your asylum application, USCIS will send you a confirmation notice acknowledging receipt of your submission. It's crucial to keep this receipt for future reference. Following this,you will receive a biometric appointment for fingerprinting shortly after. Adhere closely to the instructions provided in the appointment notice.Currently, the Asylum Office is implementing a"last in, first out" policy for asylum applications filed after January 2018. Notably, interviews atthe Asylum Office are being scheduled expeditiously, typically within 5 to 6 weeks.

The interview represents your opportunity to explain to the U.S. government the grounds for granting you asylum. Engaging a proficient asylum attorney is crucial as he or she with extensive experience can prepare you for the types of questions likely to be posed by the USCIS Officer. A skilled attorney can also assist you in gathering supplemental evidence detailing country conditions,evidence,which can be presented to the officer to support a favorable decision on your case.
Having your asylum attorney present during the interview can be immensely beneficial. While the Officer conducts the interview, your attorney can deliver a "closing statement." This statement allows them to recapitulate the primary testimony, reference supporting background evidence, and draw attention to pertinent details, providing afinal persuasive argument in favor of your case.

Once your application is submitted to the immigration court or received by USCIS, a“clock”begins. After 150 days, you become eligible to apply for a work permit. However, USCIS can only grant the work permit after a waiting period of 180 days.

You become eligible for a green card (permanent residency)one year after being granted asylum,whether by the asylum Office or an Immigration Judge. It is crucial to collaborate with an asylum attorney during the green card application process due to its complex and detailed nature.Errors in the application can lead to delays or even denials of your case. Upon obtaining a greencard, you will also have the opportunity to apply for United States citizenship in the future.

Eligibility for political asylum shields individuals from various grounds of inadmissibility that would typically lead to deportation or entry denial for other immigrants. Common immigration violations, such as illegal entry or unauthorized residence and employment in the United States,do not preclude an individual from being considered for asylum. However, there are certain factors that can serve as barriers to asylum eligibility.

Mandatory Bars:

• Conviction of an aggravated felony
• Support for any terrorist group
• Participation in the persecution of others

Discretionary Bars:

• The individual had an opportunity to establish permanent residence in a third country before entering the United States.
• The individual applies for asylum more than a year after entering the United States,unless they maintained a valid immigration status during that period.
• The individual has a history of a previously denied asylum application by an Immigration Court.

While mandatory bars unequivocally prohibit asylum, discretionary bars introduce a level of flexibility, with the possibility of overcoming them under certain circumstances .

In addition to asylum, there are alternative avenues for protection in the United States, namely,Withholding of Removal and the Convention Against Torture (CAT).These options serve as defenses against deportation, and the application process involves the use of the same form (formI-589) used for defensive asylum.

Eligibility for political asylum shields individuals from various grounds of inadmissibility that would typically lead to deportation or entry denial for other immigrants. Common immigration violations, such as illegal entry or unauthorized residence and employment in the United States, do not preclude an individual from being considered for asylum. However, there are certain factors that can serve as barriers to asylum eligibility.

Mandatory Bars:

• Conviction of an aggravated felony
• Support for any terrorist group
• Participation in the persecution of others

Discretionary Bars:

• The individual had an opportunity to establish permanent residence in a third country before entering the United States.
• The individual applies for asylum more than a year after entering the United States, unless they maintained a valid immigration status during that period.
• The individual has a history of a previously denied asylum application by an Immigration Court.

While mandatory bars unequivocally prohibit asylum, discretionary bars introduce a level of flexibility, with the possibility of overcoming them under certain circumstances.