Asylum is a form of immigration relief for noncitizens who fear returning to their home country. Any noncitizen physically present in the United States with such a fear can apply, regardless of their legal status.
To be granted asylum, applicants must show they cannot return to their home country due to past persecution or a well-founded fear of future persecution based on one of five protected grounds:
Successful asylum applicants, or asylees, can remain in the U.S. indefinitely, apply for work permits, travel abroad with restrictions, bring family members to the U.S., and apply for a green card one year after being granted asylum.
A “particular social group” refers to people sharing a common, fundamental characteristic. This group must be recognized within society. Examples include family members of dissidents, ethnic subgroups, or those identified by sexual orientation.
Asylum applications must generally be filed within one year of arriving in the U.S., with exceptions for changed or extraordinary circumstances.
A person is ineligible for asylum if they:
Withholding of removal is for those ineligible for asylum but who can show it is more likely than not they would face persecution. This relief does not lead to permanent residence but prohibits deportation to the specific country and allows work permits.
CAT protection prevents deportation to countries where individuals are likely to face torture. There are two types of protection under CAT:
Temporary Protected Status (TPS) is granted to nationals from designated countries experiencing unsafe conditions, such as armed conflict or natural disasters. TPS beneficiaries are not removable, can obtain work authorization, and may receive travel authorization, but TPS does not lead to permanent resident status.
Humanitarian Parole provides temporary immigration relief for urgent humanitarian reasons or significant public benefit. It can be requested from outside or inside the U.S. and is discretionary. Parolees must depart before expiration or apply for re-parole. Humanitarian parole does not provide immigration benefits.
For more information on Asylum & Humanitarian relief, please contact us at:
Law Office of Carlos A. Baradat, P.A.
Firm Phone: 239-206-1779
Email: admin@baradatlaw.com
Office: Boca Raton, FL | Naples, FL | Virtual From Anywhere
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