Many immigrants to the United States are unaware of a provision in the Immigration and Nationality Act under the Violence Against Women Act which permits battered spouses, parents and children to file special visa petitions to remain in the country.
The United Nations and civilized governments around the world recognize that torture exists in some regimes and acknowledges a duty to protect those countries' citizens from such barbaric practices.
The word "immigration" is a buzzword you will hear all the American politicians using, but one that gets far less mention is "asylum." What actually is asylum, and who is eligible to seek it in the United States?
The recent news has been filled with stories about Syrian refugees. While some people are associating the entrance of Syrian refugees into the United States with terrorists, the fact of the matter is that many refugees and people who seek asylum in this country have an honest fear of persecution. There are several points that people who are seeking asylum in the U.S. should be aware of.
In our previous article [BARS OR DISQUALIFYING FACTORS TO ASYLUM] we discussed on what grounds the government attorney may disqualify an asylum claim. In the end, we mentioned that asylum is discretionary. That means the Immigration Judge can decide not to grant asylum if the judge feels the applicant does not deserve it.
When people flee from their home country because of fears of violence, they might opt to seek asylum in the United States. Some people might come to the U.S. as refugees instead of seeking asylum here. In the U.S., the president sets the limit for the number of refugees that can come into the country each year. That limit doesn't include people from Cuba, unaccompanied minors, those seeking asylum or victims of human trafficking.
People who are being persecuted over their beliefs or lifestyles in other countries might decide to seek asylum in the United States. There are some very important points that those who are interested in asylum must know before they decide that this is an option for them.
When many people think of asylum, they might think of people who are fleeing political problems. What some people might not realize is that not all persecution that qualifies for asylum has to do only with politics. Some people might qualify for asylum based on their sexual orientation, gender identification or HIV status.
When a person is seeking asylum in the United States, he or she will have to apply for that protection. Once the asylum petition is submitted, it will be up to the immigration officials and courts to decide what decision is necessary. There are several options that an applicant for asylum might encounter.
In our previous article [HOW WE PREPARE ASYLUM CASES] we touched upon arguments that the government attorney may present to disqualify a person from meeting the requirements for asylum. In this article we explore other disqualifying factors that will be a bar to asylum.