Author: US asylum Lawyer Alena Shautsova Gang violence as a source of persecution is a legal area that may soon come under further judicial scrutiny. The Wall Street Journal (WSJ) published an article about a case involving an undocumented minor named Josue Rafael Orellana Garcia, who fled from Honduras when he was 17 and illegally entered the Un ...
Author: US Asylum Lawyer Alena Shautsova Asylum seekers claim in the US has a burden of proof to demonstrate that she/he was subjected to persecution and/or she/he possess a reasonable fear of future persecution. What amounts to a persecution? It must be noted that in some cases, a lay person would determine that defiantly an applicant deserves as ...
Author: US Asylum Lawyer Alena Shautsova United States asylum seekers may qualify for asylum on five grounds: race, nationality, religion, political opinion, and membership in a particular social group. Refugees or asylum seekers are aliens who are unable or unwilling to return to their native country “because of persecution or a well founded fear ...
Author: US Asylum Lawyer Alena Shautsova Very often, the laws of the foreign countries do not protect women- victims of domestic violence. If the acts of violence and abuse happened in the US, the protections afforded are quite strong and vary from Orders of Protection to possibility of receiving VAWA based green card, or a U visa. However, may a ...
Author: US Asylum lawyer Alena Shautsova Filing for asylum might be confusing for many applicants. This article cannot substitute attorney’s in person advice. WHEN CAN I FILE FOR AN ASYLUM? A person may file for asylum after he/she entered the United States and is still in the lawful status; when the status expired; when the person is an EWI (en ...
Author: US Asylum lawyer Alena Shautsova ASYLUM PROCEDURE After an applicant has prepared his /her application form I-589; his/her affidavit (declaration) (See PART II); and supporting documents along with an English translation of such, an applicant need to properly assemble the package and file it. When submitting an Asylum application with th ...
Author: Asylum lawyer Alena Shautsova Asylum Declaration or Affidavit The most important document in Asylum package application after the form I-589 is applicant’s declaration or an affidavit. It is a sworn statement made by an asylum applicant telling his/her story. What should an asylum declaration include? Ideally, it should include everythin ...
Author: Asylum lawyer Alena Shautsova Asylum Procedure Asylum process starts before a person’s submits his/or her application. First, one needs to collect or try to collect the supporting documents. Those are the documents that an applicant can use to demonstrate the truth of his/her statements. It can be medical records, police records, article ...
Author: asylum lawyer Alena Shautsova Statistics provide a basis for comparison and help determine the estimated effort and probability of obtaining certain results. Some interesting facts and statistics about U.S. asylum and refugee statuses include: According to the Department of Homeland Security (DHS) ...
Author: asylum lawyer Alena Shautsova Normally, an application for asylum should be filed within one year of applicant's last arrival to the United States. INA § 208(a)(2)(B). The 1-year period shall be calculated from the date of the alien's last arrival in the United States or April 1, 1997 whichever is later, under the Illegal Immigrat ...