We read asylum law on a daily basis, and stay informed of conditions in our clients’ countries.
- Asylum – gives you freedom to travel abroad, permission to work in the U.S., and a pathway to permanent residence and citizenship for you and your immediate family
- Withholding of Removal/Deportation – provides protection from returning to your country, plus permission to work in the U.S.
- Convention Against Torture (CAT)– provides protection from returning to your country, plus permission to work in the U.S.
What are the grounds for asylum?
You must have been persecuted in the past, or fear future persecution because of your race, religion, nationality, membership in a particular social group, or political opinion. Your government also must be unable or unwilling to protect you.
“Particular social group” claims can also be based on sexual identity/preference, domestic violence, honor killings, statelessness, family relationships, business/wealth and several other scenarios. A good asylum attorney will stay updated about the different types of asylum cases that have been granted, so clients may take advantage of new parameters.
What are the grounds for withholding?
You must show a 51% or greater likelihood of future persecution because of your race, religion, nationality, membership in a particular social group, or political opinion. Your government also must be unable or unwilling to protect you.
What are the grounds for CAT?
You must show a 51% or greater likelihood that you or a third person will be tortured for the purposes of punishment or to obtain information, and that your government will acquiesce to the torture.
You must be inside the U.S. to apply for asylum/withholding/CAT
If you are outside the United States, contact the U.S. State Department for information about refugee protection.
You must apply for asylum within one year of your last entry to the U.S.
There are exceptions for changed country conditions or exceptional circumstances beyond your control.
What if I have a criminal record ?
A serious criminal record could make you ineligible for asylum and withholding, but you could still be eligible for CAT relief.
What is the experience of Hill & Piibe in handling asylum cases?
We have handled asylum cases from almost every continent. This is a partial list of the countries from which our clients have claimed asylum:
Democratic Republic of Congo
Iraq (including Bidoon)
* countries where numerous cases have been handled
For assistance applying for asylum or appealing a denial of asylum, contact our immigration attorneys for a free appointment. Our lawyers serve clients of all nationalities living in the Los Angeles, California area, including Riverside and Bakersfield and all of San Bernardino County, Orange County, San Diego County, Ventura County, and Santa Barbara County.