Fairfax Asylum Attorneys
Full Service Immigration Law Firm Serving Clients Nationwide
At Murray Osorio PLLC, we understand the complexity of the asylum process and offer our clients personalized legal services to help them succeed in their case. Asylum is available to individuals who are already in the United States and fear persecution in their home country. The persecution must be based on race, religion, nationality, political opinion, or membership in a particular social group and must be from the government or from groups that the government is unable or unwilling to control.
Timeline for Seeking Asylum in the United States
Typically, asylum seekers must apply for asylum within one year of their arrival in the United States. However, exceptions to this rule exist, such as changing conditions in the individual’s home country or extraordinary circumstances that prevented the individual from applying earlier. If an individual is granted asylum, they can apply for permanent residency right after they are granted.
How To Prove Eligibility for Asylum
To prove eligibility for asylum, an asylum seeker must demonstrate a “well-founded fear” of persecution if they were to return to their home country. The persecution can take many forms, such as death threats, violence, torture, detention, or economic deprivation.
CAT Protection in the United States
The United Nations Convention Against Torture (CAT) offers protection for individuals who fear being tortured by the government or a group associated with the government in their home country. Individuals must demonstrate that it is more likely than not that they will face torture if they are returned to their home country. They can apply for relief under CAT at any time, regardless of their criminal history.
Withholding of Removal
Withholding of removal is another form of relief available to individuals who face persecution in their home country. To be granted withholding of removal, an applicant must demonstrate that it is more likely than not that they will face persecution on account of a protected ground if returned to their country of origin. While individuals granted withholding of removal can seek work authorization, they cannot adjust to become legal permanent residents or petition for derivative status for immediate relatives. An individual is barred from seeking withholding of removal if they are a persecutor or have been convicted of a particularly serious crime. Withholding of removal can only be granted by an immigration judge.
Navigating the asylum process can be daunting, but with the help of our experienced lawyers at Murray Osorio PLLC, you can rest assured that you have a dedicated team by your side every step of the way.