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Qualifying for Asylum
Asylum seekers must prove that they face persecution in their home countries because of their political opinion, race, religion, nationality or membership in a particular social group. Refugees and displaced people are also eligible for asylum.
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Seeking Asylum In Texas
Thousands of people from different nationalities seek asylum in the U.S. every year.
They come from places such as Egypt, Ethiopia, Somalia, Cameroon, China, India, Ethiopia and more. However, those from El Salvador form the largest group of people seeking asylum in the United States. People seeking asylum or withholding of removal should contact experienced immigration lawyers in Houston to help them with the application process.
Withholding Of Removal And Asylum
Both withholding of removal and asylum prevent deportation but they are not the same thing. You have to apply for both using the form I-589. However, to be granted withholding of removal, you must demonstrate a clear probability of life threatening persecution or torture if you are removed to the proposed country. You can only be granted withholding of removal in a removal proceeding. That means that you can only apply for withholding of removal after a final order of removal has been entered against you.
On the other hand, you can apply for asylum outside of immigration proceedings or while in immigration proceedings. You can only be eligible for asylum if you can prove that you face persecution back in your home country. People seeking asylum must apply within one year of their arrival in the United States. However, there is no statute of limitations for withholding of removal applications. A foreign national in the United States or at a port of entry that fears to return home because of persecution or well rounded fear of persecution is called an “asylee”. Such an individual can adjust to Permanent Residence Status after one year of continuous presence in the United States.
Benefits Of Withholding of Removal And Asylum
Generally, benefits of asylum are superior to those of withholding of removal. When you are granted asylum, you can file a petition for immediate family members to be granted asylum. This applies to immediate family members already in the United States or family members you included in your asylum application. If you and your family are granted asylum, you can apply for permanent residence and citizenship after a certain period of time.
Withholding of removal does not provide any relief for the family members of the eligible individual. In addition, the individual that is granted withholding of removal cannot get a Green Card. The only benefit is that the individual can apply for work authorization in the U.S.
How An Immigration Lawyer Can Help You
People seeking withholding of removal need an immigration lawyer to demonstrate to an immigration court why their client’s life may be at risk in their home country. For asylum seekers, an immigration lawyer can prove that their client faces persecution in their native country because of persecution, through testimony and corroborating evidence. An immigration lawyer knows the documents needed in various application processes related to immigration, and will make the whole experience easier to bear.