ASYLUM –
The law provides for asylum and/or withholding of removal for an alien if the individual can prove he or she was persecuted or fears persecution in his or her home country. This persecution must be based on his or her religion, political opinion, nationality, race or membership in a particular social group. An individual who fears torture may also qualify for relief. The laws regarding eligibility for asylum are some of the most complicated and they are constantly changing. While some of these categories for eligibility are clear, others, such as what constitutes a ‘social group,’ are subject to significant litigation in federal courts. Being granted asylum can be a life changing experience. If a person receives a grant of asylum, he or she will subsequently be able to apply for adjustment of status (green card) in the United States. The process for seeking asylum in the U.S. is difficult and an asylum-seeker is more likely to be granted this form of protection if represented by an attorney experienced in litigating asylum cases before the immigration courts. |
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