There are many reasons for an individual to come to the United States and many reasons why that person may be forced to leave. There are many work opportunities, potential for better living, the American Dream of success, as well as other reasons. However, when someone comes over on a work or student visa, the allotted time eventually runs out, and this person must return to their home country. One important reason to flee to another country could be persecution.
If a person, who is being physically or emotionally abused by a large organization or group in their home country, flees to the United Stated for sanctuary, this person may be granted asylum to be protected from the persecutors in their home country. It is a common case, and a New York immigration attorney from Pozo Goldstein, LLP will be able to aid anyone in their pursuit of refuge. It is a terrible thing to be sent back to potential physical and emotional abuse and possibly even death because of your religion, race, political opinion, or membership in a particular social group.
Only those who are currently residing within the United States (or are scheduled to arrive shortly) may apply for asylum (described under are described under 8 CFR §208.4). This can be done as soon as when you set foot into your port of entry or by filing out the form for Application for Asylum and for Withholding of Removal (Form I-589) and submitting it. This must be done within a year of last arrival and cannot be done if you have already been denied asylum without providing that extraordinary changes have occurred that alter your present circumstance. To be eligible for asylum, it must be proven that you can be legally considered a “refuge.” This includes people who are unable and / or unwilling to return to protection of their country due to fear of persecution for race, religion, nationality, social group, political opinion or any other basis of ostracism or harassment.
Where should I file my form?
Depending on your circumstances, your application should be submitted to different places. For example, if you are a first-time applier who is not in danger of removal or if you have entered the country through the Visa Waiver Program, you will submit your form to the USCIS Service Center. If you have previously applied and were denied, you will submit to the Asylum Office. Those who are currently in removal proceedings will have their application fall under the jurisdiction of the Immigration Court. By working with a knowledgeable attorney from our firm, you will be able to rest assured knowing that you will have an advocate on your side working with you to help ensure your application is completed successfully.
Can I work in the United States during this time?
The U.S. Citizenship and Immigration Services (UCIS) dictates that persons who apply for asylum in the U.S. cannot apply for work authorization at the same time. Permission to work is granted to applications for employment authorization only if it has been at least 150 days since your asylum application was completed and filed (this excludes delays that were caused by the person filing, i.e. requests to reschedule an interview, etc.). You can only apply for employment authorization if the aforementioned stipulation has been met and no decision has yet been made on the status of your application. Once you are granted asylum, however, you can begin working immediately
If you are facing deportation or being sent back to your home country where you could potentially face persecution or abuse whether physical or emotional, for any reason then speak to a New York immigration attorney from Pozo Goldstein, LLP. If you could face persecution due to race, religion, nationality, political opinion, and even your membership in a particular social group, then you may be able to become a refugee. At our firm, we know the difficulties that can arise in a case like this; we understand the urgent necessity for another option than deportation.
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