Deportation & Removal Representation
Any non-citizen who is in the United States may apply for asylum in the United States as long as they can prove they have a well-founded fear of persecution if they were to return to their home country.
The well-founded fear must be based on
Group affiliation or
In order to qualify to seek asylum, the person must apply within one year of their most recent arrival in the United States, or demonstrate extraordinary circumstances with an immigration judge as to why such an application was not filed within one year of their most recent arrival.
There are two ways to apply for asylum while in the United States. If an asylum seeker has been placed in removal proceedings before an Immigration Judge with the Executive Office for Immigration Review, which is a part of the Department of Justice, the individual may apply for asylum with the Immigration Judge. An asylum seeker in removal proceedings may have been referred to immigration court either upon applying for admission at a U.S. port of entry or at some time after the individual has entered the country.
If an asylum seeker is inside the United States and has not been placed in removal proceedings, he or she may file an application with U.S. Citizenship and Immigration Services, regardless of his or her legal status in the United States. However, if the asylum seeker is not in valid immigration status and USCIS does not grant the asylum application, USCIS will often place the applicant in removal proceedings and the judge will consider the application anew. The immigration judge may also consider the applicant for relief that the asylum office lacks jurisdiction to grant, such as withholding of removal and protection under the U.N. Convention Against Torture. This is often necessary in situations where the applicant is barred from filing asylum due to extraordinary circumstances relating to the rule regarding filing claims within one year of entry into the U.S.
The United States government does not charge an application fee to file for asylum. The process involves filling out an application that describes in detail the feared persecution, providing as much corroborating evidence as possible, and then subsequently a hearing is scheduled before a United States asylum officer.
The application also simultaneously applies for withholding of removal. There are other considerations (i.e. risk of finding of filing of frivolous asylum claim) and requirements when applying that can severely restrict your ability to remain in or enter the U.S., so it highly recommended that applicants seek competent legal counsel before attempting these types of applications.
How the Tax and Immigration team can help you:
Since 2000, our team has been actively engaged in filing and representing clients in filing asylum based and human rights claims with the U.S. Government and have achieved significant success in handling these claims with the immigration courts. Our track record is a critical factor in today’s environment, when most asylum filings are often being denied at the asylum office level, resulting in an increased risk of removal orders for a lack of credibility or mandatory bars for untimely filings. Schedule a consultation today to speak to an experienced attorney in gauging the strength of your application for refugee or asylum status.
In certain cases, Non-permanent resident aliens or Lawful Permanent Residents may qualify for relief that requires demonstration that removal of the subject would result in a Hardship to a U.S. Citizen Spouse (or other immediate relative). In these situations, a Hardship Waiver application may be advisable. However such an application is often subject to the discretion of the Department of Homeland Security or an Immigration Judge, based on who would have jurisdiction over the applicant. Such a waiver for hardship is often a matter that requires evidence and expert testimony to achieve a meritorious result.
How the Tax and Immigration team can help you:
Our team is often called upon to provide assistance in preparing and presenting applications for these type of Hardship Waivers and this is often a last resort for many immigrants who have fallen through the cracks in the immigration system, where an adverse result could have daunting implications for the client and his or her family. Thus we often request that candidates for such relief seek the advice of competent counsel and explore alternatives to this type of waiver as additional avenues for relief from removal or a finding of inadmissibility.
Deferred action, DACA, DAP
Recent developments and announcements from the U.S. Department of Homeland Security and the President are now suggesting that the previous Deferred Action for Childhood Arrivals (DACA) program will now be expanded to include parents and other long-term residents to apply for temporary status in the U.S., under the designation of Deferred Action Program (DAP). This just instituted program will be very helpful for those residents who have been awaiting immigration relief from removal and work authorization to allow them to better participate in our society. Contact us so that we may begin the registration process on your behalf.
Under the new DAP registration, long-standing residents may qualify in part, by meeting the following requirements which the Department of Homeland Security has instituted informally under the following criteria:
Deferred Action for Parents and Other Persons (DAP): -- Must have resided continuously in the United States for a least five (5) consecutive years since the date of their arrival -- Must have "Good moral character" -- Must demonstrate that they have been paying taxes for at least three years.
Deferred Action for Childhood Arrivals (DACA): - Must be between the ages of 12 and 35 at the time the Law is enacted - Must have arrived in the United States before the age of 16 - Must have resided continuously in the United States for a least five (5) consecutive years since the date of their arrival - Must have graduated from a U.S. High School, or obtained a General Education Diploma (GED) - Must have "Good moral character"