Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
Website: http://www.lawschell.com/asylum.html
The important defenses to removal are Asylum and Withholding of Removal. Asylum and Withholding of Removal are both premised on a fear of persecution on account of race, religion, nationality, membership in a particular group, or political opinion.
An alien already in the United States can apply for political asylum, which requires that they meet the definition of "refugee" included in the Immigration and Nationality Act ("INA"). Asylum is applied for administratively to the United States Citizenship and Immigration Services ("USCIS"), or is sought before an immigration judge once removal proceedings have began. The INA contains no numerical limitation on the number of persons who can receive asylum status, which is granted in the discretion of the USCIS or the immigration judge - grants of withholding of deportation or removal proceedings by an immigration judge based on fears of persecution are mandatory. Limitations are placed on the number of persons granted asylum who can adjust to permanent resident status after one year in the asylum status.
Withholding of Removal is country-specific, meaning that the alien can still be removed to a country other than the one in which "persecution" is claimed. Withholding of removal cannot be converted into any kind of permanent residence. It is available just to the alien-it does not cover any spouses or children of the alien, and the alien must show a "clear probability of persecution." Clear probability is solely an objective test: the alien has to show a greater than 50 percent likelihood of persecution.
The best way to explore asylum and withholding of removal defenses related to your case is to schedule a consultation with an immigration lawyer. Contact the Law Offices of Norka M. Schell, LLC by calling (212) 564-1589 or by visiting our website and completing our online contact form.
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