Filing for Asylum Status
Mississippi Immigration Law Attorney Navketan Desai
Immigrants who believe returning to their home country would jeopardize
their health and safety may need to file for asylum status in the United
States to gain some sort of protection. Before you file for asylum status,
ensure that you are not a refugee instead. The United States Citizenship
and Immigration Services (USCIS) considers a refugee someone not in America
that is seeking safety, whereas an asylum seeker is already in the United
States, either illegally or through a temporary visa. Asylum will only
be granted to people who have already been or will very likely be persecuted
when returning to their home country.
Persecution can only trigger asylum eligibility if it is brought forth
due to a person’s:
- Social standing
- Political affiliation
If asylum is granted to an immigrant, it is set for an indefinite amount
of time. Only a removal process – usually started by criminal sentencing
in America – will end asylum status once given. Asylees can also
find work within the United States and can also apply for a green card
to obtain lawful permanent resident (LPR) status.
Filing for asylum protections but failing could also begin deportation
or removal, so you must be confident that you are eligible before beginning.
Get the help of a Mississippi immigration lawyer from Desai Law Firm,
PLLC to ensure you are eligible for asylum and that your petition is thorough
and complete. Call
contact her firm today.
USCIS Definition of Persecution
What does it mean to persecute someone? Each person will have his or her
own definition of persecution, as does the USCIS. According to the USCIS,
a person is persecuted and could be eligible for asylum status if they
have been “harassed, punished, injured, or oppressed” in a
way that resulted in physical or psychological damage. An event of actual
persecution does not need to actually happen for eligibility to be granted.
There must only be proof that persecution would most likely occur upon
returning to a country of origin, such as using examples of persecution
that were inflicted upon people of similar race, religion, or political interest.
Examples of behaviors or actions that have been viewed as persecution by
the USCIS in the past include:
- Torture and false imprisonment
- Attacking protestors
- Controlling elections
- Forced population control
- Failing to reasonably protect citizens
Many women have been able to successfully receive asylum status after becoming
targeted by gender- or sex-based discrimination or aggression, like domestic
violence and mandatory genital mutilation. There have also been instances
where an arranged marriage was seen as oppression or kidnapping, and asylum
was given to a woman fleeing that lifestyle.
Start Your Inquiry with an Initial Consultation
Mississippi Immigration Lawyer Navketan Desai can assist you or a family
member seeking asylum in the United States. She is known for her compassionate
approach to immigration cases that is backed by unmatched legal knowledge
in the field.
Contact her firm by calling
scheduling a consultation to learn more.