Asylum, Withholding of Removal and Refugee Protection

  • Increase
  • Normal
  • Decrease

You are here

Asylum, Withholding of Removal and Refugee Protection

Under U.S. law, asylum may be granted to aliens who can establish they have well-founded fear of persecution if they were forced to return to country of citizenship or last habitual residence. The persecution must be on account of political opinion, race, religion, nationality, or membership in a particular social group. We have successfully helped our clients from various countries obtain asylum in the U.S. Our Firm is dedicated to helping people escape persecution in their home countries by securing them a safe haven in the U.S. Asylum can be granted to individuals who are just arriving to the U.S. or to people who are already physically present in U.S. Those individuals arriving in the U.S. may ask for asylum at the port of entry. However, individuals already in the U.S. must file their Application for Asylum and Withholding of Removal with the Bureau of U.S. Citizenship & Immigration Services within one year of their arrival. This filing deadline may be excused if the alien can demonstrate changed or extraordinary circumstances.

Helping refugees from around the world find asylum in America AsylumThe Law Offices of Grinberg & Segal, PLLC is dedicated to helping clients seek asylum. Asylum allows immigrants to escape the persecution that they suffered in their homelands and come to America to start a new life. It also helps those people who did not suffer persecution in the past, but have a legitimate fear of persecution if they returned homeWho is eligible for Asylum under U.S. LawUnder U.S. law, asylum may be granted to aliens who can establish they have well-founded fear of persecution if they were forced to return to country of citizenship or last habitual residence. The persecution must be on account of political opinion, race, religion, nationality, or membership in a particular social group. We have successfully helped our clients from various countries obtain asylum in the U.S. Our Firm is dedicated to helping people escape persecution in their home countries by securing them a safe haven in the U.S. Asylum can be granted to individuals who are just arriving to the U.S. or to people who are already physically present in U.S. Those individuals arriving in the U.S. may ask for asylum at...

Are you a member of the gay, lesbian, bisexual, transgender, or transsexual (LGBT) community? Do you fear harm, persecution and/or mistreatment in your native country due to your sexual orientation or gender identity? The U.S. Government has recognized asylum claims based upon homosexuality since 1994. Currently, gays, lesbians, bisexuals, transgender, and transsexual individuals may seek asylum based upon membership in a particular social group. As with any applicant for asylum, you must demonstrate you have genuine fear of returning to your native country and that a reasonable person in your situation would also fear persecution. While there is no universally accepted definition of persecution, the following forms of mistreatment may be considered persecution: beatings, threats of violence or other harm, detention, confinement, police harassment, torture, severe economic discrimination, degradation, etc. Persecution can also include being forced to engage in conduct that is not physically painful or harmful, but is nonetheless abhorrent to an individual’s deepest beliefs (i.e. remaining “closeted”). You can either establish asylum by showing you have been...

 Overview.As discussed in Asylum and Refugee Protection, not every persecution warrants protection by the U.S. law. Instead, following international law, U.S. asylum jurisprudence recognizes only five enumerated grounds, based upon which persecution may lead to a grant of the discretional protection by the U.S. Government. These grounds exist when one central reason in the persecution of the applicant in his or her country of last abode can be shown to have been on account of one of the following: the applicant’s race, ethnicity or national origin, political opinion, religion and/or membership in a particular social group. This showing must be through credible evidence and to the satisfaction of either an immigration officer or a judge.Current immigration law is well settled in recognizing human sexual orientation as a particular social group in asylum context. This had not always been the case. In fact, for years, sexual orientation had not been recognized to constitute a particular social group in asylum context, subjecting many to facing continuous persecution upon inevitable return to their countries of origin. Yet worse, over seventy years or so, lesbian, gay,...

 Overview.Protection of refugees fleeing persecution is the heart of the U. S. Asylum Law. A “refugee” is defined in the Immigration and Nationality Act (INA) asAny person who is outside any country of such person’s nationality, or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.An applicant may apply for asylum if he or she is “physically present in the United States”, or at the border, and may qualify as a refugee either because of having suffered past persecution on account of a protected ground, or because of having a well-founded fear of future persecution, again on account of a protected ground.An applicant bears the burden of proof of establishing that he or she is eligible for asylum.  Indeed, this requirement has been codified in Section 101(a)(3) of the REAL ID Act...

Anywhere in the world

Call us

JUST CLICK AND WAIT TO BE
CONNECTED FOR FREE