Persons coming to the U.S. in order to flee persecution in their homeland may be granted asylum in the United States. Asylum may be granted to both Refugees and Asylees. A Refugee is someone who is outside of his or her country of residence but who is not within the borders of the U.S. Refugees may also include persons who are still within the country of persecution, as the President of the United States may designate from time to time. An Asylee is someone who is either at the border or already inside the United States.

We assist persons of all nations in obtaining asylum in the United States. We prepare the extensive paperwork, assemble the documentary proof, investigate country conditions, prepare you and your witnesses for trial, attend all hearings, and represent you on appeal, if necessary.

The General Principles Applicable To Asylum Cases Are Outlined Below

In order to be granted asylum, you must have a reasonable possibility (although not a probability) of persecution. There are four basic elements that must be shown: (1) You must have suffered past persecution or fear future persecution; (2) the fear must be “well founded”; (3) the persecution must be “on account of race, religion, nationality, membership in a particular social group or political opinion.”; and (4) you must be unable or unwilling to return to your country of nationality or to the country in which you last habitually resided because of persecution or your well founded fear of persecution. “Fear” is defined as “a genuine apprehension or awareness of danger in another country”, and “persecution” means “ a threat to the life or freedom of, or the infliction of suffering or harm upon, those who differ in a way regarded as offensive”. A few of the many examples of persecution are: confinement, torture (physical or mental), home invasions, rape, murder, death threats, multiple robberies, confiscation of personal property, abuse on account of sexual orientation, abusive custodial interrogation, and infliction of severe economic disadvantage, such as deprivation of liberty, food, housing, employment or other essentials of life. Persecution must be inflicted either by the government or by persons or organizations the government is unable or unwilling to control. You need not have actually suffered persecution in the past to qualify for asylum. And any persecution actually suffered may be periodic; arrest or other persecution need not be imminent at the time you leave the country.

Asylum Privileges:

• You may obtain authorization to work in the United States 180 days after filing an asylum application, as long as the application for asylum has not been denied prior to that time.
• You and your family may apply for permanent residence one year after your asylum application has been approved.
• Your wife and children under 21 years of age may be admitted and become permanent residents even if they are not included in your asylum application.
• You may travel freely in and out of the U.S. while your application to become a permanent resident is pending.

Restrictions on Asylum:

• You may not be eligible for asylum if you: 1) ordered, incited, assisted or otherwise participated in the persecution of others; 2) have firmly resettled in another country; 3) have been convicted of a particularly serious crime; 4) have committed serious, nonpolitical crime outside the U.S prior to arrival; 5) are considered to be a danger to the security of the U.S.; 6) are inadmissible as a terrorist; 7) can be safely removed to a third country; 8) have previously applied for and been denied asylum; 9) filed your asylum application more than one year after arriving in the U.S..

CONTACT US: jgagel@jgagel.com