Posts tagged with 'asylum'

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If the immigration judge determines that you are inadmissible or deportable from the US, you may still be able to avoid removal if you can show that you are eligible for one of the various forms of relief from removal.

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As we’ve discussed in other articles, a judge’s determination that you are removable isn’t always the end of the road for your immigration case. There are many different forms of relief from removal, but a few specialized forms are available to very narrow groups of immigrants. These rarely-used forms of relief typically apply to immigrants from Latin American and former ...

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As we’ve discussed in other articles, even if an immigration judge determines that you are removable, you may still be able to remain in the US. A special type of cancellation of removal is available to certain victims of domestic violence under a 1994 law called the Violence Against Women Act (“VAWA”).

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If you have been placed in removal proceedings and you are not eligible for asylum, withholding of removal, or protection under the Convention Against Torture, you may still be able to avoid removal by establishing eligibility for cancellation of removal.

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If you are not eligible for asylum, you may still qualify for a form of relief from removal called withholding of removal. You still have to show that you face persecution in your home country on account of your race, religion, nationality, political opinion, or membership in a particular social group.

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Even if you meet all the affirmative requirements for asylum in the US – past and future persecution, membership in a statutorily protected group, governmental inability or unwillingness to control the problem on a nationwide scale, and equities that merit a favorable exercise of discretion – there may still be statutory bars that prevent you from being granted asylum. We ...

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Past persecution, well-founded fear of future persecution, and membership in a statutorily protected group are the two most widely-recognized requirements for a grant of asylum. Now let’s talk a bit about the three other requirements:

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Showing that you were the victim of persecution, or that you would face a threat of persecution in the future, isn’t enough to establish eligibility for asylum. You must also show that your persecutors were or would be motivated to harm you on account of your race, religion, nationality, political opinion, or membership in a particular social group.

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To show that you are eligible for asylum, you must show that you suffered persecution in your home country in the past, or that you would face persecution there if you return. The meaning of “persecution” goes beyond just harassment, discrimination, minor injuries, and inconveniences. “Persecution” means extreme harm: Torture, sexual violence, and physical violence (especially multiple incidents), and lengthy ...

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