The Law Offices of Grinberg & Segal, PLLC is dedicated to helping clients seek asylum. Asylum allows immigrants to escape the persecution that they suffered in their homelands and come to America to start a new life. It also helps those people who did not suffer persecution in the past, but have a legitimate fear of persecution if they returned home.
Asylum & Refugee Protection
Under U.S. law, asylum may be granted to aliens who can establish they have well-founded fear of persecution if they were forced to return to country of citizenship or last habitual residence. The persecution must be on account of political opinion, race, religion, nationality, or membership in a particular social group. We have successfully helped our clients from various countries obtain asylum in the U.S. Our Firm is dedicated to helping people escape persecution in their home countries by securing them a safe haven in the U.S. Asylum can be granted to individuals who are just arriving to the U.S. or to people who are already physically present in U.S. Those individuals arriving in the U.S. may ask for asylum at the port of entry. However, individuals already in the U.S. must file their Application for Asylum and Withholding of Removal with the Bureau of U.S. Citizenship & Immigration Services within one year of their arrival. This filing deadline may be excused if the alien can demonstrate changed or extraordinary circumstances.
Are you a member of the gay, lesbian, bisexual, transgender, or transsexual (LGBT) community? Do you fear harm, persecution and/or mistreatment in your native country due to your sexual orientation or gender identity? The U.S. Government has recognized asylum claims based upon homosexuality since 1994. Currently, gays, lesbians, bisexuals, transgender, and transsexual individuals may seek asylum based upon membership in a particular social group. As with any applicant for asylum, you must demonstrate you have genuine fear of returning to your native country and that a reasonable person in your situation would also fear persecution.
As discussed in Asylum and Refugee Protection, not every persecution warrants protection by the U.S. law. Instead, following international law, U.S. asylum jurisprudence recognizes only five enumerated grounds, based upon which persecution may lead to a grant of the discretional protection by the U.S. Government. These grounds exist when one central reason in the persecution of the applicant in his or her country of last abode can be shown to have been on account of one of the following: the applicant’s race, ethnicity or national origin, political opinion, religion and/or membership in a particular social group. This showing must be through credible evidence and to the satisfaction of either an immigration officer or a judge.
Protection of refugees fleeing persecution is the heart of the U.S Asylum Law. A “refugee” is defined in the Immigration and Nationality Act (INA) as: any person who is outside any country of such person’s nationality, or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
This article will use applicable statutes, regulations, and an important Immigration and Nationality Service (INS) memorandum issued on November 23, 1999, titled “Readmission of Asylees and Refugees Without Travel Documents”1 (henceforth, “Cooper Memo”) to answer the following questions regarding travel by persons in the United States as asylees and refugees.
In 2013, United States Citizenship Services (USCIS) and Executive Office for Immigration Review (EOIR) reached a settlement agreement (henceforth “ABT settlement agreement”) that was approved in BH., et al. v. United States Citizenship and Immigration Services, et al., No. CV11-2108-RAJ (W.D. Wash.). The ABT settlement agreement changes the manner in which USCIS and EOIR adjudicate the Form I-589, Application for Asylum and for Withholding of Removal, and the Form I-765, Application for Employment Authorization.
There are three bars to applying for asylum that were created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which became effective on April 1, 1997. This article will examine the rules regarding the three asylum application bars and exceptions that certain aliens may be eligible for in order to file for asylum.
The decision on whether to grant an asylum applicant asylum in the United States is discretionary and based on the specific facts of the asylum claim. However, under certain situations, an asylum applicant may be barred from asylum eligibility regardless of the other points that favor his or her claim for asylum claim.
“Refugee” has a very specific meaning in U.S. immigration law. A refugee is a foreign national who was persecuted in his or her country of nationality or last habitual residence and is either unable or unwilling to avail him or herself to the protection of his or her country of nationality or last habitual residence. Refugees are distinguished from asylees, who may apply for status from within the United States, in that in order to apply for refugee status; the alien must receive a referral to the U.S. Refugee Admissions Program (USRAP) from abroad.
On December 22, 2015, the Ninth Circuit filed its decision in Jang v. Lynch (Dec. 22, 2015) in which it held that, notwithstanding the North Korean Human Rights Act of 2004, a North Korean citizen who availed himself to South Korean citizenship is subject to the “firm resettlement bar” to asylum. This article will look at the facts of the case, the relevant statutes, and the reasoning underlying the Ninth Circuit’s decision.