Atlanta Asylum Lawyer
Georgia Asylum Attorneys
Consult with our Atlanta Asylum lawyer today. The asylum applicant’s burden of proof is to demonstrate that there is a â€œreasonable possibility that he or she will be persecuted. An applicant for asylum may establish a â€œwell-founded fear by showing that a reasonable person in his or her circumstances would fear persecution. Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident. Asylum may be granted to people who are arriving in or already physically present in the United States. You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum.
The United States sometimes grants asylum on the basis of past persecution, and in the absence of a continuing well founded fear of persecution. To qualify for asylum based on past persecution, the applicant must demonstrate an unwillingness to return arising out of the severity of past persecution or that there is a reasonable possibility ‘other serious harm’ upon return. If you are seeking asylum in the United States, you will require the assistance of an experienced US immigration attorney. If you are granted asylum in the United States, you can legally remain in the US. Atlanta Asylum Lawyer
Withholding of removal is a principle, based on the non-refoulement provision of the Refugee Convention and embodied in the U.S. Refugee Act, under which an alien may not be deported to a country in which the alienâ€™s life or freedom would be endangered due to his or her political opinion, nationality, religion, race, membership in a particular social group. As a result of numerous cases decided by the Supreme Court interpreting the asylum provisions of the Refugee Act, it is usually more difficult for an alien to prove eligibility for withholding than eligibility for asylum, even though withholding confers fewer benefits (it does not allow those who obtain it to become permanent residents and eventually citizens, or to bring their dependents to the United States). If you are seeking a withholding of removal, seek the assistance of an experienced US immigration attorney. The withholding of removal as a legal remedy is available only to those who are in removal proceedings. You cannot apply for withholding of removal if you are not placed in a removal proceeding by the USCIS.
Any alien can seek an asylum in the United States. It does not matter if the alien is in the United States illegally. If an alien who has lawfully entered the United States applies for asylum, the application for asylum will not affect the alien’s legal status. An alien who is placed in a removal proceeding by the USCIS can apply for asylum and withholding of removal.
If you are granted asylum, you will have the legal status of an asylee. You can remain in the US for as long as the there is a threat of persecution. Your spouse and children under 21 (unmarried) can also enter the United States. The US government will issue a travel document which you can use to travel out of the United States. Alternatively you may be granted an advanced parole for travel. You should apply for these before you leave the US. Once you are granted asylum, you should not travel to the country where are likely to face persecution. If you do so, you can loose your asylee status. Once you receive the legal status of an asylee, you can legally work in the United States.
Withholding of removal will not affect legal status of the alien. It only stops the alien from being deported from the United States. However an alien granted withholding of removal can apply for employment authorization. Atlanta Asylum Lawyer