U.S. Asylum, Refugee & Immigration Lawyer
A California deportation attorney can help you file for asylum if that is what you qualify for under the U.S. immigration laws. Brian Lerner explains that many people come to the United States in order to get refuge and safety from their home country. When somebody is here in the United States, explains the California deportation attorney, you can apply for asylum without being in removal or deportation proceedings. Brian D. Lerner explains that this is known as affirmative asylum. You cannot apply for affirmative asylum while outside the United States. The California deportation attorney discusses that if you are outside the United States, you would have to apply for a refugee application at a third country and if approved, you could then come to the United States as a refugee.
Brian D. Lerner, California deportation attorney states that asylum is also available to those in removal proceedings regardless of manner of entry, including those who entered without inspection (EWI). The California deportation attorney explains that it is a form of discretionary relief available to one who is physically present in the United States (or at a land border or port of entry who has established a “credible fear”) who qualifies as a “refugee”. The California deportation attorney states that this means one who is unable or unwilling to return to his or her country of nationality because of “past persecution” or a “well-founded fear of persecution” on account of race, religion, nationality, political opinion, or membership in a particular social group. Thus, if you cannot apply at a third country for a refugee application, explains Brian D. Lerner, then you can try to apply for asylum at the port-of-entry by first passing the credible fear interview. The California deportation attorney elaborates that upon entry to the United States, at the port of entry, the law provides for you to be given a credible fear interview if you do have a credible fear of returning to your home country under one of the enumerated categories that would qualify you for asylum. The California deportation attorney claims that you will be deemed to have a reasonable fear of persecution or torture if it can be established that a reasonable possibility that you would be persecuted on account of your race, religion, nationality, membership in a particular social group or political opinion, or a reasonable possibility that you would be tortured in the country of removal.
The California deportation attorney states that if you pass the credible fear interview, that you will then be transferred to Immigration Court for a full blown asylum hearing which does take time. You could then be bonded out states Brian D. Lerner and fight your case while you are free. If you do not pass the credible fear interview at the port of entry, explains the California deportation attorney, then you will be returned to your home country.
Another item that the California deportation attorney explains is very important is that if you end up inside the U.S. (legally or illegally), you must apply for asylum within 1 year. If you do not, then you would not be able to later apply for asylum unless there were changed circumstances in your country. Brian D. Lerner, California deportation attorney gives an example that perhaps after being in the U.S. for a few years, your family member in your home country was killed. If that were the case, then you would have one year after that event to apply for asylum due to changed circumstances. Clearly, there will need to be some clear and relevant evidence about the changed circumstances says the California deportation attorney in order to properly apply for asylum.
There are different types of asylums claims the California deportation attorney. There is ‘religious’ persecution, ‘political’ persecution, persecution based upon race or gender and persecution based upon being in a social group. The Law Offices of Brian D. Lerner, California deportation attorney, will normally file an asylum application based upon more than one ground in case the adjudicator decides to reject one ground, but perhaps approve the other ground.
Regarding asylum, explains the California deportation attorney, the mode of evidence is always in question. Clearly, nobody has a statement from a general in their home country stating that if you return to your home country you will be killed. Therefore, asylum is proved and won the vast majority of the time explains the California deportation attorney on circumstantial evidence, reports from the State Department and Amnesty International, declarations and affidavits and various expert testimony or reports. While Brian D. Lerner, California deportation attorney states that it is a lot of work to properly prepare an asylum application, it will be well worth it if you win. You can then apply for the Green Card a year after being granted asylum discusses the California deportation attorney. In fact, your spouse and children who are not married can obtain the Green Card through derivative asylum applications states the California deportation attorney. Just keep in mind that it is difficult and complex to submit a formal and proper asylum application states Brian D. Lerner. Therefore, you should get a qualified and professional California deportation attorney.