Asylum & Removal

ASYLUM & REMOVAL

ASYLUM

As an immigration attorney, I am dedicated to helping my clients seek Asylum in the United States. I have successfully helped my clients from various countries escape persecution in their home countries by securing for them a safe haven via asylum in the United States.

Under United States Law, asylum may be granted to a foreign national who can establish that they have suffered past persecution in his or her home country or the country of last habitual residence or the petitioner can establish that they have a well-founded fear of persecution if they were forced to return to their home country. The persecution must be on account of political opinion, race, religion, nationality or membership in a particular social group.

Asylum can be granted to individuals who are just arriving to the U.S. or to individuals who are already physically present in the United States. 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 USCIS within one year of their arrival. The USCIS filing deadline may be excused if the foreign national can demonstrate changed or extraordinary circumstances.

At the heart of United States asylum law is the protection of refugees fleeing from persecution. A “refugee” is defined in Immigration and Nationality Act (INA) as any 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. 

WITHOLDING REMOVAL

Withholding of Removal is relief that prevents the removal or deportation from the United States to a country where the foreign national petitioner has a clear probability of suffering persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of Removal is only for those foreign nationals who are placed in removal proceedings. If the USCIS is not trying to remove you from the United States, Withholding of Removal would not be available to you.

If you believe you may qualify for asylum in the United States or a withholding of removal, please contact me at somair@alamlawgroup.com or at (646) 598-9824 for further information.