Asylum & Deportation Proceedings

Asylum

People facing removal proceedings who are unable or unwilling to return to their native country due to fear of persecution or harm on account of race, religion, political opinion, nationality, or membership to a particular social group may be eligible for asylum. To apply for asylum, an applicant must be physically present in the U.S. or be seeking entry into the U.S. at a port of entry. After one year of asylum status, asylees can apply for permanent resident status (also known as a green card).

Eligibility For Asylum

Even if an applicant does not qualify for asylum, the immigration authorities will consider whether it will refrain from deporting, or removing the applicant, through a grant of “Withholding of Removal,” if it is determined that the applicant has shown a clear probability that his or her life or freedom would be threatened in the country directed for deportation on account of race, religion, nationality, membership in a particular social group or political opinion. In addition, an asylum applicant may request that the immigration authorities consider granting protection under the “Convention Against Torture,” if the applicant is able to show that it is “more likely than not” that he or she would be tortured, if they return to their home country. The torture must be inflicted “by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” “Acquiescence” requires that the public official have prior awareness of the activity and “thereafter breach his or her legal responsibility to intervene to prevent such activity.”

Eligibility for asylum is based on the application, supporting documentation, and an interview with an Asylum Officer or an Immigration Judge. If an applicant has been placed in removal (deportation) proceedings they must appear at Immigration Court, and an Immigration Judge will hear and decide the case. If the applicant applies directly to the USCIS, an Asylum Officer will interview the applicant and decide whether he or she is eligible for asylum. Asylum Officers will grant asylum, deny asylum, or refer the case to an Immigration Judge for a final decision. If an Asylum Officer finds the applicant ineligible for asylum and that he or she is in the United States illegally, the Asylum Officer will place the applicant in removal proceedings and refer the application to an Immigration Judge for a final decision. Immigration Judges may order an asylum applicant removed from the U.S. if an applicant is found ineligible for asylum and is illegally in the United States. If an applicant is in valid status and the Asylum Officer finds that he or she is not eligible for asylum, the Asylum Officer will send a notice explaining that the USCIS intends to deny the request for asylum. The applicant will be given a short period of time to respond to the doubts raised by USCIS and explain why the application should be approved before a decision is made on the application. When a case is referred to a local Immigration Court, the applicant is provided an opportunity to produce more detailed evidence of the asylum claim and may be represented by Kaur Law PC in Detroit, Michigan area.

Our Michigan lawyers at Kaur Law PC may be able to assist you if you believe you are eligible to apply for asylum status.

Deportation – Removal Proceedings

A Removal proceeding is what happens when the government starts the process for an order of removal, also known as deportation. Anyone in the U.S. who is not a U.S. citizen, has violated the terms of their green card, has overstayed their nonimmigrant visa, or has a criminal history, could be subject to removal proceedings.

Cancellation of Removal for Non-Lawful Permanent Residents. Individuals in removal proceedings without legal status who have been continuously present in the U.S. for at least 10 years, can show good moral character, have not been convicted of certain offenses, and whose removal would cause exceptional and extremely unusual hardship to their U.S. citizen spouse, parents, or child, may be eligible for non-LPR cancellation. This relief leads to legal permanent status (also known as a green card).

Cancellation of Removal for Permanent Residents. Individuals with legal permanent status (also known as a green card) who have become removable due to a criminal record may be eligible for cancellation or removal. An individual must be a legal permanent resident for five years, continuously present in the U.S for at least 7 years, and have no aggravated felony convictions.

Voluntary Departure. Voluntary Departure allows individuals, who are otherwise removable, to depart from the U.S. by a certain date. Departing voluntarily can protect a non-citizen from the consequences of having a removal order on their record, including not becoming automatically inadmissible from the U.S.

Adjustment of Status: Adjustment of status is the process of changing a temporary immigration status, like a student or tourist, to a permanent resident. Adjustment of Status can also be used as a defense during removal proceedings.

U Visas for Victims of Crimes. The U visa is available for non-citizens who have been victims of a qualifying crime, including domestic violence, and have suffered mental and physical abuse. It provides victims with immigration status including work authorization, status for qualifying family members, and the possibility of lawful permanent residency (also known as a green card).

VAWA. The Violence Against Woman Act, or VAWA, allows an abused spouse, child, or parent of a U.S. citizen or lawful permanent resident lawful status in the U.S. The survivor must be present in the U.S. for at least 3 years. VAWA provides employment authorization and access to public benefits.