ASYLUM, WITHHOLDING OF REMOVAL, CAT
Experienced asylum lawyer in New york
One defense to removal is establishing a claim under the Asylum law of the United States. The written application is only one part. But there are three sub-defenses:
1) Asylum
2) Withholding of Removal
3) Protection under the Convention Against Torture (CAT).
An Experienced Asylum Lawyer can help identify which type of protection best applies to your case and guide you through this complex legal process with clarity and confidence.
What is Asylum and what are the requirements?
The asylum seekers must file the application within 1 year of arrival—unless there are changed circumstances that affect eligibility for asylum, or extraordinary circumstances that caused the delay.
The threshold requirement for asylum is establishing to be a “refugee”. The definition includes demonstrating unwilling or unable to return to home country because of past persecution. Or a “well-founded fear” of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The applicant must demonstrate that there is a “reasonable possibility” of facing persecution. Even a slight, yet discernible chance of persecution may be enough for a successful claim. Consulting an Immigration Lawyer for Asylum can significantly improve your chances of presenting a compelling and well-documented case.
What are the benefits of Asylum?
Asylees cannot be sent back to their home country. Once granted asylum, you can:
- Apply for work authorization
- Obtain a Social Security card
- Petition to bring immediate family members to the U.S.
- Qualify for certain government programs (like Medicaid and food stamps)
- Apply for Adjustment of Status (green card) after one year
These benefits make asylum a crucial safeguard, and hiring an Asylum Lawyer ensures your rights are fully protected throughout the process.
What is Withholding of Removal (WOR)?
An asylum application is by default also one for a withholding of removal. If the immigration judge denies asylum, the judge may still grant WOR, allowing you to remain in the U.S.
However, WOR does not offer a path to permanent residency or Cancellation of Removal Green Card. The government will not deport you to the country where you fear persecution, but you cannot adjust your status. You may obtain a work permit and live legally in the U.S., but with more limitations than asylum recipients.
What disqualifies you from WOR?
- Conviction of a particularly serious crime
- Being considered a danger to the community
- Commission of a serious non-political crime outside the United States
These factors must be considered seriously with the help of a Political Asylum Lawyer, who can help identify any waivers or additional defenses that might apply in your case.
What is the burden of proof for WOR?
The standard is higher than for asylum. For WOR the standard is “more likely than not” that your life or freedom would be threatened based on race, religion, nationality, membership in a particular social group, or political opinion.
The standard of proof for WOR is higher than that of asylum. You must show that it is “more likely than not” that your life or freedom would be threatened based on race, religion, nationality, membership in a particular social group, or political opinion.
Why You Need an Experienced Asylum Lawyer
The asylum process is both emotionally and legally challenging. Working with an Experienced Asylum Lawyer New York can make a crucial difference in the outcome of your case. An attorney will:
- Evaluate the best legal path: asylum, WOR, or CAT
- Help you gather and present strong evidence
- Prepare your affidavit and legal arguments
- Represent you in immigration court
- Provide ongoing guidance for appeals or family petitions
Whether you’re applying for political asylum, seeking relief from deportation, or facing expedited removal, an experienced Immigration Lawyer for Asylum ensures that your voice is heard, your rights are upheld, and your future in the United States is protected.
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