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Law Offices of Patrick C. McGuinness, LLC

Exploring Common Grounds For Granting Asylum In The United States, Plainfield New JerseyIn this article, you can discover:

  • The common grounds for granting asylum.
  • Challenges in obtaining evidence for asylum claims.
  • Options for denied asylum applications.

What Are The Common Grounds For Granting Asylum In The United States?

Asylum can be granted if an individual has suffered persecution or has a well-founded fear of future persecution based on their nationality, race, membership in a particular social group, political opinion, or religion. To be successful, applicants must demonstrate that the harm they experienced or fear is linked to one of these protected grounds.

What Challenges And Obstacles May Applicants Face During Their Asylum Process?

Acquiring the necessary evidence to support their claim can be a significant challenge for many asylum seekers. When fleeing their country of persecution, they often arrive with little or no documentation, making it difficult to obtain police records, medical records, or letters from relevant individuals. To address this, it is advisable for individuals to keep copies of any documentation they have before leaving their home country and entrust them to a family member or trusted friend who can provide the copies if the original documents are lost.

What Options Are Available If Your Asylum Applications Are Denied?

The options available vary depending on the specific circumstances of each case. Some individuals may have a pending family petition, be victims of crimes in the United States, or have resided in the country long enough to be eligible for cancellation of removal. There is no single remedy or direct course of action for those who have had their asylum application denied.

How Does Cancellation Of Removal Differ From Asylum?

Asylum applications can be filed affirmatively or defensively. Affirmative asylum applications are submitted when an individual is not in removal proceedings, and they are filed with the asylum office. Defensive asylum applications are filed when an individual is already in removal proceedings before an immigration judge.

On the other hand, cancellation of removal can only be sought when an individual is in removal proceedings. To be eligible for cancellation of removal, one must…

  • Have been in the United States for at least 10 years,
  • Demonstrate good moral character,
  • Have not been convicted of certain offences,
  • Have a qualifying relative who would suffer exceptional and extremely unusual hardship,
  • Have the favorable discretion of a judge.

While asylum is based on persecution in one’s home country, cancellation of removal is based on circumstances that have occurred in the United States.

Can An Individual Apply For Both Asylum And Cancellation Of Removal Simultaneously?

Yes, it is possible to apply for both asylum and cancellation of removal simultaneously. However, if an individual loses their asylum case before the immigration court, it can be used against them in their cancellation of removal case.

Are There Any Risks Or Potential Consequences Associated With Pursuing Asylum?

Yes, there are risks and potential consequences if an individual pursues asylum with a frivolous claim or by providing false information to the court. This can lead to fines, imprisonment for perjury, deportation from the United States, and permanent bars on future immigration benefits.

How Does The Outcome Of An Asylum Or Cancellation Of Removal Case Affect An Individual’s Long-Term Immigration Status In The United States?

If an individual wins their asylum case, they can apply for permanent residency after one year. Similarly, if they win their cancellation of removal case, they become eligible for permanent residency once a visa number becomes available.

Why Is An Experienced Immigration Attorney Imperative To These Cases, And What Sets Your Firm Apart?

Consulting with an experienced immigration attorney is crucial because each case is unique and fact-specific. An experienced attorney can assess the individual’s situation, determine the most appropriate legal remedy, and increase the likelihood of success. While some individuals may be eligible for both asylum and cancellation of removal, one option may be stronger than the other.

Our firm stands out because we prioritize a comprehensive evaluation of the factors involved, actively listen to our clients’ stories, ask pertinent questions, and explore potential remedies they may not have considered. Additionally, our staff is fully bilingual, ensuring that Spanish-speaking clients can communicate comfortably in their native language with anyone in our office.

For more information on Grounds For Granting Asylum In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 645-1006 today.

Law Offices of Patrick C. McGuinness, LLC

Get Your Questions Answered Today
(908) 645-1006

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