On August 3, 2017, the Board of Immigration Appeals (BIA) issued a published decision in the Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017). The Board reached two important conclusions involving asylee adjustment. First, the Board held that an alien who adjusts status as an asylee under section 209(b) of the Immigration and Nationality Act (INA) to that of an alien lawfully admitted for permanent residence is no longer an asylee. In short, the adjustment terminates the alien’s asylee status. On this point, the Board clarified its prior published decision in the Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014). Second, the Board held that the restrictions on removing an asylee found in section 208(c)(1)(A) of the INA do not apply to an alien who was granted status as an asylee, but who subsequently adjusted status to lawful permanent resident (LPR) status under section 209(b) of the INA. In this article, we will examine the Matter of N-A-I- decision in detail.
Under US asylum law, certain aliens may be granted asylum in the US. US asylum is for aliens who are seeking protection from persecution or fear of persecution under certain grounds in their home countries. Aliens must file for asylum in the US and then complete all other requirements under US asylum law. Aliens may also apply for certain immediate relatives to obtain derivative asylum in the US. Aliens with long-pending US asylum applications may be eligible for an EAD. Under US asylum law, aliens who have been granted asylum may apply for a Green Card one year after the grant of asylum, although this is not required. Obtaining a Green Card under US asylum law allows the US asylum beneficiary to become an LPR and, eventually, apply for naturalization.
On June 26, 2017, the United States Court of Appeals for the Eighth Circuit released an interesting opinion in an asylum case titled Edionseri v. Sessions, — F.3d —— (8th Cir. 2017). Writing for a three-judge panel, Judge Morris Arnold rejected the petition for review of an individual who had been denied asylum, withholding of removal, and relief under the convention against torture based on the claim that he feared being persecuted as a suspected witch in his native Nigeria. In this article, we will examine the facts and procedural history and the Eighth Circuit’s reasoning and decision.
On October 6, 2016, the United States Citizenship and Immigration Services (USCIS) released its most recent edition of the Affirmative Asylum Scheduling Bulletin. The Affirmative Asylum Scheduling Bulletin is published monthly by the USCIS. It provides the average filing date of those scheduled for asylum interviews in the previous three months at each of the USCIS’s eight asylum offices.
On June 8, 2016, the USCIS released its new Affirmative Asylum Scheduling Bulletin. This article includes the new Bulletin.
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.
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.
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.
Often, those in the third category face long wait times from the filing of an affirmative asylum application to the scheduling of an asylum interview. In order to give applicants in the third category an idea of when they may expect their asylum interview to occur, the USCIS publishes a monthly “Affirmative Asylum Scheduling Bulletin.” This article explains how the Bulletin works and how to use the Bulletin.
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.