AILO - Kaye A. Y. Evans - 1981 to 2011

ASYLUM APPLICATIONS

ASYLUM AND CONVENTION AGAINST TORTURE APPLICATIONS

1. POLITICAL ASYLUM APPLICATIONS

Whenever an individual is fearful of persecution if he or she is returned to his or her country of origin, citizenship, or nationality, he or she may file an application for political asylum if he or she honestly believes that he or she will suffer from persecution on the basis of his/her race, religion, nationality, political opinion, or membership in a particular social group. Along with the application for political asylum, the applicant may also apply for withholding of removal.

Persecution may take the form of physical or emotional abuse, but the form of persecution that the individual fears must have a rational basis in fact. This may be based on things that have happened to the person himself or herself or to a close family member in the country that the individual is fearful of returning to. If he or she has been given the right to live in another "free" country, he or she may not be eligible to be granted asylum in the United States.

Persecution may take the form of physical or emotional abuse, but the form of persecution that the individual fears must have a rational basis in fact. This may be based on things that have happened to the person himself or herself of to a close family member in the home country or the country which the individual is fearful of returning to.

False asylum claims are often treated extremely harshly by the Immigration Services. Thus, an individual who is merely using the application for asylum as a means of obtaining permission to seek employment or to gain "more time" can find himself or herself in "very hot water" at the end of the road.

Note carefully also that in most instances, the government may not excuse the false claim even if it was made by a famous "notary" or "immigration consultant", and even some attorneys, who did not let the applicant READ the forms he or she is signing. So long as the individual is over the age of 18, he or she is held fully responsible for any false information on a form bearing his or her signature. This is true EVEN if he "notary", "consultant" or attorney made up the information on behalf of the applicant.

2. CONVENTION AGAINST TORTURE APPLICATIONS

Whenever an individual is extremely fearful of being tortured upon return to his or her country of origin or citizenship, or nationality, he or she may also file an application for protection under the United Nations Convention Against Torture ("CAT") if he or she honestly believes and can prove that he or she will, more likely than not, be subjected to torture if he or she should be returned to his or her home country. Under the Convention, the applicant may apply for withholding or deferral of removal.

If he or she has been given the right to live in another "free" country, he or she is not eligible to be granted protection under the Torture Convention. Torture may take the form of severe physical or emotional abuse. This may be based on occurrences that have affected the person himself or herself directly or a close family member in the country to which the individual is fearful of returning.

As is the case with asylum applications, false claims are treated extremely harshly by the Immigration Services and the Immigration Court. Thus, an individual who is merely using the application for asylum or Torture Convention as a means of prolonging their stay in the United States or obtaining permission to seek employment can find himself or herself in a very difficult position at the end of the road.

Please be very wary of individuals who try to entice you with the promise of a "work permit" which is not based on any other type of application that you are making at the same time. If you do not have a REAL claim for asylum or protection under the Convention and it is determined that your application was fraudulent, you may be barred from ever obtaining lawful permanent residence in the United States.

If you have questions, please call 323-658-1111 or send an email to: admin@immigrationhelp.net