The Immigration and Nationality Act provides for foreign nationals who, because of suffering past persecution or having a well-founded fear of future persecution, because of their race, religion, nationality, membership in a particular social group, or political opinion, are unable or unwilling to return to their country of origin. You may qualify for a grant of asylum.
Political asylum is a form or protection available to people already present in the U.S. who are afraid to return to their home country because of actual persecution, or who have a well-founded fear of future persecution because of their race, religion, nationality, membership in a particular social group, or political opinion/views.
A person can apply for Asylum whether they are in the United States called an asylee, or outside of the united states called a refugee. If the person is in the United States, then their application must be submitted within one year of their arrival to the United States. A person can apply for asylum even if they are in the United States illegally. There are some exceptions to the one year rule. There are other forms of relief if your asylum application is denied. Similar forms of relief are withholding or removal and relief under the convention against torture. If you believe that might have a case for Political Asylum please call or email us to set up a consultation to discuss all of your options.
Cancellation of removal/Deportation is a limited form of relief for certain permanent residents and nonpermanent residents. It is available to certain nonpermanent residents who are in removal proceedings before an immigration judge. Meaning that you can only apply if you have an open case in deportation or removal proceedings in Immigration Court. Cancellation of removal is a discretionary form of relief meaning that even if you can show that you meet all of the eligibility requirements, the Immigration Judge can still decide against you and deny your case.
To qualify for Cancellation of Removal a person must show:
If you believe that might have a case for Cancellation of Removal please call or email us to set up a consultation to discuss all of your options.
Adjustment of Status is the process that a person can use to apply for lawful permanent resident status (Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete the visa processing.
