Many people who come to the United States do so to escape persecution in their countries. They come here seeking the protection of the United States in order to prevent serious harm from befalling them and their families if they are to return to their nations. However, asylum law is extremely precise and requires proof of very specific elements, including highly crucial time constraints, in order to be successful in an asylum claim. Many immigrants who are unaware of the complication of the process find themselves facing deportation.
We will meet with every client, clearly explain the law and the requirements they must meet to receive asylum status, and advise them as to whether their specific facts are sufficient to make a successful asylum claim. We will then utilize our expertise to put together an effective asylum application that will greatly increase the likelihood of a successful outcome. We treat every potential asylum client with utmost compassion and care, being fully aware of the potential direness of their circumstance. We are also fully aware and understanding of specific political, social, and economic conditions in various parts of the world, which greatly helps us in both being sensitive to the particular needs of our clients and in organizing a much more effective asylum application.
If you are here seeking the protection of the United States due to a fear of persecution in your country of origin, please contact Chammas Jurado as soon as possible in order ensure the security and safety of yourself and your family.
I-589, Withholding of Removal
Withholding of removal is a special type of order issued by an immigration judge to a person who demonstrates that they have more than a 50% chance that they will be persecuted in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion. Like asylum, withholding of removal protects a person from being deported to a country where they fear persecution. However, withholding of removal is a very limited benefit in many ways.
A person granted withholding of removal has no pathway to a green card or to U.S. citizenship. Because an order of removal was issued, and then withheld, in most cases a person would have to reopen their removal proceedings in order to pursue other immigration options.
Generally, when a person files for asylum, they automatically apply for withholding at the same time. There is no one-year filing deadline for withholding applications like there is with Asylum, and it is not discretionary. That is, if someone proves that they are eligible for withholding, a judge must grant that application. There are also certain crimes which may disqualify applicants from winning asylum, but do not disqualify them from withholding of removal.
If you need help determining if you qualify for a Withholdong or Removal, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.
I-589, Convention Against Torture
Convention against Torture (CAT) relief is an extremely rare grant of protection from deportation that an immigration judge grants for individuals who fear torture if they return to their home country. A CAT applicant must demonstrate a clear probability that they will be tortured either directly by or with the approval of the government of their country of origin. This is an extremely difficult legal showing to make, and consequently, less than 4% of all applications for CAT are granted across the country.
If you need help determining if you qualify for a Convention Against Torture, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.
UAC (Unaccompanied Alien Child) Asylum
The UAC Asylum application is for minor immigrant children who arrived in the U.S. or at a port of entry without a parent or guardian. UACs are defined as a child who:
- has no lawful immigration status in the United States;
- has not attained 18 years of age; and
- with respect to whom—
- there is no parent or legal guardian in the United States; or
- no parent or legal guardian
Well-Founded Fear of Persecution
An asylum applicant can establish a well-founded fear of persecution by showing past persecution, which gives rise to a rebuttable presumption of a well-founded fear of future persecution, or by showing objective evidence indicating a risk of future persecution.
The level of harm required to constitute persecution is reduced in children’s cases. According to the UNHCR and U.S. Guidelines, and as upheld by several U.S. Courts of Appeals,
“[t]he harm a child fears or has suffered . . . may be relatively less than that of an adult and still qualify as persecution.” The applicable question is whether the harmful act(s) constitute persecution when considered from the perspective of a child. Whether harm suffered or feared by the child constitutes persecution should be assessed with regard to the “individual circumstances of the child,” including age, developmental stage, vulnerability, psychological factors, and more. For example, inappropriate sexual touching, not involving rape, of an eight-year-old girl should rise to the level of persecution given her young age and any lasting psychological impact, even though such acts might not constitute persecution in the case of an adult.
Common Forms of Persecution of Children
- Exploitative Labor (forced, unsafe conditions, long hours, no or very low pay, may involve physical abuse)
- Human Trafficking (prostitution of a child, labor trafficking)
- Forced Marriage (coercion or duress involved, underage/early marriage)
- Female Genital Cutting
- Deprivation of Education
- Serious Neglect
- Child Abuse
- Gang Recruitment
If you need help determining if you qualify for a UAC Asylum, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.