Author: Asylum lawyer Alena Shautsova I have written in the past about the various developments in the area of asylum law as it relates to the claims of persecution based on family as a social group. I would say that now, there are two definite trends how those claims are addressed by the courts and Immigration Judges. Based on numerous denials of ...
US Asylum Lawyer Alena Shautsova Claiming asylum based on persecution as a member of a particular family became more and more widespread in recent years. While the courts, attorneys and applicants keep struggling with the concept, here are some points that one may learn from the recent cases and how the higher, Federal courts consider such claims. ...
Author: US Asylum Lawyer Alena Shautsova To win one’s asylum case in the United States, a person has to prove past persecution or reasonable fear of future persecution on account of a protected ground. Fear is only fear unless and until it martializes in specific harm. Why some “fear” will get you an asylum in the United States and a green card, a ...
Author: USA Asylum lawyer Alena Shautsova Following the orders by Department of Homeland Security (the “DHS”), USCIS has revised its training materials on Credible and Reasonable fear assessments. It happened because the new administration is trying to streamline the expedited removal process for those who are surrendering themselves at the border ...
Author: Asylum attorney Alena Shautsova An applicant for asylum often lists his/her status as "asylum pending", and often, people who have applied for asylum in the United States have some misconceptions as to what this “asylum pending” status entails. One of the most common misconception is that a person who came to the United States in some leg ...
Author: Asylum attorney Alena Shautsova Asylum process in the United States may be classified into two big groups: an affirmative asylum process and a defensive asylum process. The first one is happening when an applicant filed for asylum without being in removal/deportation proceedings. In this case, it is USCIS Asylum office that would have jur ...
Author: USA Asylum lawyer Alena Shautsova Immigration laws allow an individual to claim asylum based on political opinion, religion, nationality, membership in a particular social group, and/or race. At a first glance, the law does not provide a special protection to individuals who claim persecution based on gender. In other words, it is not poss ...
Author: USA Asylum Lawyer Alena Shautsova In the United States, a person who is applying for asylum affirmatively (or when a person is not in the Immigration court proceedings) will have to appear for an interview with an Asylum officer. An applicant may wait for several years before he/she is called for an interview, may forget important detail ...
Author: USA Asylum Lawyer Alena Shautsova To qualify for asylum in the Untied States, a person must demonstrate the likelihood of persecution on account of a protected ground or past persecution, and “lack” of certain attributes that would bar a person from receiving asylum in the United States. To wit: a person cannot be convicted of a particular ...
Author: USA Asylum attorney Alena Shautsova Whether filing a Pro Se Asylum application or filing an Asylum application with an attorney common mistakes still occur on a daily basis that can be easily avoided. While this article will go over the most common mistakes, you should always consult with an attorney before submitting any documents. Eve ...