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MARZEC LAW FIRM, P.C.
(800) 260-0172
National Toll Free
212-267-0200
225 Broadway, Ste 3000
New York, NY 10007
663 Manhattan Avenue
Brooklyn, NY 11222
46 Passaic Street
Garfield, NJ 07026
1700 Sansom Street, 3rd Fl
Philadelphia, PA 19103
17 Riverside Avenue, PO Box 1279
Bristol, CT 06011
5130 W Belmont Avenue
Chicago, IL 60641
9777 Wilshire Blvd., Ste 1000
Beverly Hills, CA 90212
Map & Directions
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ASYLUM
CALL NOW to schedule a consultation in our office!
212.267.0200
BACKGROUNDIf you are physically present or arriving in the United States, and express a fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum. To be granted asylum, you must be outside of your country of nationality. Hence, you can not remain in your country and seek asylum in the United States. Generally, an asylum application must be made within a year of admission to the United States. By asking for asylum in the United States, you must fear persecution in your native country. Your burden of proof is a showing “past persecution or a well-founded fear of future persecution.” The harm you fear should be from the government of your native country or some other group or people, such as the army or the police or a religious group that is not controlled by the government. The usual bases of persecution are political opinion, race, religion, nationality, or social group. Case law and regulations define eligible types of persecution, but usually such persecution has to be severe enough to be sufficient (such as imprisonment or torture). On a case by case basis, less direct types of persecution had been recognized as sufficient.
Note however, that a filed asylum application may serve as a basis for commencement of removal proceedings (if filed after 1/4/95); the information may be used as a basis to satisfy the burden of deportability (if filed after 1/4/95); in almost all cases the mailing address provided therein constitutes adequate service; and the asylum applicant swears that he or she is aware of the application's contents and may be subject to criminal and civil penalties for knowing inclusion of false information.
BARS TO RELIEF
Even if you meet the above elements to be granted asylum, such grant may be denied if you’re considered a danger to society. So, if you have committed war crimes, crimes against humanity or particularly serious crimes pursuant to INA § 101(a)(43), have engaged, ordered, assisted or otherwise participated in persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion, your application may fail. Moreover, if you ask for asylum at the border, you may be placed in expedited removal proceedings if you're inadmissible because of false statements made in connection with that asylum application or because you lack documents to support your claim. If based on a credible fear determination, you are determined not to have a credible fear of persecution in your native country, you will be summarily removed. Credible fear means that given the credibility assigned to your statements and other factors, there is a "significant possibility" of you establishing eligibility for asylum.
REMARKSFiling a frivolous asylum application (deliberately fabricating any elements therein) will make you ineligible to apply for any discretionary relief from the United States. Hence, if you file a frivolous asylum application you will be permanently barred from seeking immigration relief in the future.
OTHER RELIEFWithholding of Removal pursuant to INA § 241(b)(3) states that the Attorney General may not remove an alien to a county where his or her life or freedom would be threatened because of his race, religion, nationality, membership in a particular social group, or political opinion. The level of proof is “clear probability” (“more likely than not”) that the person to be removed from the United States will be subjected to persecution if forced to return to the country of removal. While this is a higher standard than asylum, Withholding of Removal is mandatory if you are establish that your life or freedom will be threatened upon removal based on one of the protected categories. A Withholding of Removal application should be filed within a year of arrival in the United States, unless changed or extraordinary circumstances are present pursuant to 8 CFR § 208.4(a)(5). See also INA § 208(a)(2)(B); 8 CFR 208.4(a)(2). Barring changed circumstances, an applicant is barred from seeking Withholding of Removal if his or her prior asylum application has been denied, but not if a prior application for Withholding of Removal had been denied. Persons who are granted Withholding of Removal are not entitled to receive permanent residency in the United States and may still be removed to a third country. Keep in mind that an asylum application is automatically deemed to be an application for Withholding of Removal.
Article III of the United Nations Convention Against Torture is another tool that may aid aliens fearing torture in their native country. If there are substantial grounds for believing that the person risks torture upon removal to the native country, an applicant may be granted relief pursuant to the convention. Unlike the asylum and Withholding of Removal relief, one need not show persecution based on a specific account (such as race, religion, etc). The standard under the Torture Convention is “more likely than not” that one will be subject to torture if returned to native country. Just like with Withholding of Removal, one may be removed to a third country.
Applying for any of the above forms of relief requires submission of the form I-589. The Marzec Law Firm handles both the initial applications for the above relief and all appeals to the Board of Immigration Appeals and federal litigation, if applicable, in case you are denied any of the above relief. To arrange for a consultation, please contact us.
CALL NOW to schedule a consultation in our office!
212.267.0200 MARZEC LAW FIRM
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The Marzec Law Firm, PC is conveniently located in downtown Manhattan. The Firm currently serves clients in New York, New Jersey, Connecticut, California, Florida, and Illinois. Click here for directions to the New York City office.
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