To begin, if a person is harmed in their country, or fears returning, they may be eligible for asylum. In addition, an Immigration Judge or an Asylum Officer may grant this. After that, a person must prove they suffered past persecution, or will in the future. Typical forms of persecution include physical violence. Also, an applicant must prove that the reason for the harm is valid. Moreover, the law recognizes 5 valid reasons: race, nationality, religion, political opinion, and membership in a particular social group.
Asylum law is tricky. Above all, it is recommended to consult with an experienced immigration attorney to assess your case. There may exist multiple reasons a victim suffered harm. Furthermore, the perpetrator's reason is important. If a person proves a valid reason for the harm, they may be eligible for asylum. Similarly, if they prove a valid reason, they may also be eligible for Withholding of Removal.
Withholding of Removal & Protection Under CAT
Even if a person does not qualify for asylum, they may qualify for other forms of relief. Briefly, two common immigration remedies are withholding of removal and cancellation of removal. Moreover, both of these remedies have requirements different from asylum. For instance, a person may qualify for one and not the other.
Lastly, as every case is different, a proper analysis by an experienced lawyer is required to determine what legal remedies apply.
Read more about Removal and Deportation Proceedings: Here.
To read about domestic violence and political asylum cases, read this article.
The Law Offices of Jesus Martinez focuses in family-immigration cases in the Central Valley helping people from: Fresno, Clovis, Madera, Chowchilla, Los Banos, Kerman, Mendota, Riverdale, Lemoore, Hanford, Visalia, Farmersville, Laton, Tulare, Corcoran, Reedley, Parlier, Sanger, Merced, San Joaquin, Dinuba, Exeter, Lindsay, Portersville, Delano, Bakersfield, McFarland, Shafter, Arvin. In addition, we are licensed to handle immigration in all 50 USA states.
Photo by Daniel Arauz used in accordance with CC BY 2.0: https://www.flickr.com/photos/danielarauz/45139964045
4. Immigration Nationality Act