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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in asylum

asylum appeals, international law, Chicago asylum attorneys, asylee claims, asylee statusOn April 21, 2017, a Nicaraguan man applying for asylum in Florida was deported back to his native country, despite a history of threats made against him, and the fact that his application was in process. There has been considerable outrage over this matter, but also some confusion.

Immigration laws are not being enforced in the manner to which most people are accustomed, and this can lead to paralysis. Understanding your rights can help protect you.

Refugees vs. Asylees

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b2ap3_thumbnail_unaccompanied-minors-Chicago.jpgSince the changeover to the new administration, there have been numerous unanswered questions about the status of immigrants, especially those who are part of various special interest groups. Perhaps no one is more at risk than the unaccompanied minors who make the trip from Central and South America, and it is entirely understandable that many may wonder about what awaits them when they arrive.

Current USCIS Regulations

Currently, unaccompanied minors may seek Special Immigrant Juvenile status. Or, they may apply for asylum on their own, depending on their situation, if they have no family in the country to sponsor them. Special Immigrant Juvenile (SIJ) status is designed to assist minors who have been abused or abandoned, and as such, has certain restrictions—a juvenile may obtain a green card through the program, but he or she may never petition for his or her parents to do the same, unlike immigrants who adjust status after reaching 18 years of age.

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b2ap3_thumbnail_third-country-agreements-Chicago_20170411-162932_1.jpgMany countries around the world, including the United Kingdom and the United States, have become signatories to what are called safe third country agreements. These agreements essentially restrict asylum seekers in terms of when and where they may apply, which can sometimes have little effect on individual cases. However, they can sometimes cause significant problems, especially if an entire family wants to immigrate or pass through. In the current climate, knowing your options is imperative if you intend to apply for asylum in the United States.

Differences in Ports of Entry

The United States has a safe third country agreement with Canada, classified as a treaty and implemented in 2004. Under this agreement, refugees or anyone intending to make an asylum claim in one of the two countries must do so in the country they enter first. The crux of the matter, however, is that the agreement only applies to those who choose to make their claim when entering via a land border, and even then, there are exceptions to the rule. If someone drives or walks across the international border, and wishes to make a refugee claim, he or she will be barred from doing so unless the individual meets one of the four categories of exception.

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Posted on in Immigration

Chicago deportation defense attorneys, asylum denialApplying for asylum is one of the most difficult undertakings one can attempt, and approximately 49 percent of claims are denied each year. If yours is one of them, you may be at a loss as to how to proceed after you receive the immigration judge’s verdict. It can be critical for you to know your rights, lest you wind up having to leave the United States when it may not in truth be necessary.

Requesting a Reopening

In most situations, there is one method to try before submitting a formal appeal, and that is to request a reopening of your asylum case. However, in order to be considered for such an option, you must be able to show that you have new or different evidence; a reopening is not a de novo review. In other words, the court will not review the entire case anew, rather they will only evaluate the case vis-a-vis the new evidence you introduce.

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Firm ResettlementThe 1951 Geneva Convention on Refugees and its ensuing 1967 Protocol are perhaps the founding documents of asylum law in the United States, providing everything from a working definition of ‘asylee’ and ‘refugee’ to the categories under which one can claim asylum. It does also specify certain bars and exclusions, setting forth some conditions under which someone is expressly unable to claim the Convention’s protections. Being ‘firmly resettled’ in another country is one of the most often seen.

What Is Firm Resettlement?

An alien or potential asylee is considered to be ‘firmly resettled’ in a country when they received an offer, while in that country, of permanent residence, citizenship or any other potentially permanent immigration status, unless they show one of two exceptions are true. The first is that they only entered the country as an expedient path on their flight from persecution or danger, while the second is to allege that they were not actually resettled because the country’s authorities put such restrictions on the person’s freedoms as to render them subject to governmental whims. In the latter case, the issue of firm resettlement is usually decided on a case-by-case basis by analyzing an individual’s restrictions and freedoms during that period of time.

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