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Asylum & Withholding of Removal in Charlotte, NC

Get Legal Help for Asylum Applications

If you or someone you know needs legal assistance with obtaining asylum or presenting a claim for withholding of removal to a country where your life or freedom could be threatened based on race, religion, nationality, political opinion, or membership in a certain group, contact the Law Office of Kelli Y. Allen, PLLC for a case evaluation.

Charlotte immigration lawyer Kelli Allen focuses her practice on immigration and nationality law and has the knowledge and skills to help you achieve your needs and objectives about these matters. Call (704) 870-0340 to set up a meeting to discuss your case.

Understanding Asylum in the U.S.

Those who seek asylum must be outside of their home country and in the United States.

Asylum seekers must meet certain qualifications, including:

They fear persecution by the government in their native country
Their country's government must have inflicted the injury upon them or failed to prevent the persecution
They have been harmed or fear harm by parts of that government, such as right-wing or left-wing groups or political zealots
They have been adversely affected by race, religion, nationality, political opinion, or social group
They do not pose a threat or danger to U.S. society by having committed aggravated felonies, war crimes, or pose a security threat to the United States

Even though you apply for asylum in this country, you may not be accepted if you have been convicted of a serious crime elsewhere, have been a party to the persecution of others, or pose a security threat. If you file a fraudulent application for asylum and it is discovered by the immigration judge, you may lose your right for any type of relief and will usually be deported.

Steps to Apply for Asylum

Except under rare circumstances, you must apply for asylum within one year of arriving in the United States. Applications for asylum are either affirmative or defensive. An affirmative application is filed with USCIS before the alien is in removal proceedings. A defensive asylum application is one that is filed with the immigration court during removal proceedings. If you are granted asylum, other family members may be eligible for asylum status as derivative beneficiaries, even if they did not experience the persecution. After holding asylum status for one year, the alien is eligible to apply for a green card.

The case law for asylum, especially those based on membership in a particular social group, is constantly evolving. A strong asylum application usually requires documentation of your confinement or injuries, affidavits from witnesses or others aware of your adverse treatment, medical documentation, Human Rights Reports from your country, and a well-written legal brief outlining the law as it applies to your case.

Consult with the Charlotte immigration lawyer if you have any questions about applying for asylum. Call the Law Office of Kelli Y. Allen, PLLC at (704) 870-0340.

Withholding of Removal Explained

A person who is approved under Withholding of Removal cannot be deported to his or her native country where his or her life or freedom is threatened because of race, religion, nationality, membership in a certain group, or political opinion. To obtain this status, you must demonstrate that a clear probability exists that you will be persecuted if you are forced to return to your native country. This status does not make you eligible for a green card. It also means that you may be deported to another country that will accept you when one can be found.

Withholding of Removal is very similar to asylum, in that the alien must show past or future fear of persecution because of race, religion, ethnicity, political opinion, or membership in a particular social group. Unlike asylum, however, an application for withholding of removal need not be filed within one year of entry into the United States. The grant of withholding of removal does not enable the alien to later apply for a green card, nor can children receive derivative benefits.

To submit the strongest application for asylum or withholding of removal, you must have a capable attorney handling your case. The legal assistance of the Charlotte immigration lawyer at the firm can make a difference in the outcome of your case.

Contact the attorney at our firm today if you wish to seek asylum or withholding of removal to your native country due to persecution. We serve clients around the world.

Law Office of Kelli Y. Allen, PLLC Contact Us Today! We Are Ready to Help

Whether you have questions or you're ready to get started, our legal team is ready to help. Complete our form below or call us at (704) 870-0340.

Commonly Asked Questions

What are the qualifications for seeking asylum in the United States?

To qualify for asylum in the United States, individuals must demonstrate a well-founded fear of persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. They must be physically present in the U.S. and should apply within one year of their arrival, except under rare circumstances. It's crucial that they have not committed aggravated felonies or pose a security threat to the U.S. A detailed application with supporting documentation is typically required to strengthen the asylum claim.

Can family members benefit from one's asylum status in the United States?

Yes, if an individual is granted asylum in the United States, certain family members may be eligible for asylum status as derivative beneficiaries. This means that even if they did not directly experience persecution, they could still obtain protection. After the principal asylee has held asylum status for one year, they and their eligible family members can apply for a green card to become lawful permanent residents.

What is the difference between asylum and withholding of removal?

While both asylum and withholding of removal protect individuals from being returned to a country where they face persecution, there are key differences. Asylum must be applied for within one year of arrival in the U.S. and can lead to a green card. Withholding of removal does not have a one-year filing deadline and does not provide a path to a green card. Additionally, family members cannot obtain derivative benefits from withholding of removal, and the individual may be removed to a third country if one is available.

How can the Law Office of Kelli Y. Allen, PLLC assist with my asylum application?

The Law Office of Kelli Y. Allen, PLLC provides comprehensive legal assistance for asylum applications. This includes preparing a detailed legal brief, gathering necessary documentation such as affidavits, medical records, and Human Rights Reports, and ensuring that the application meets all the criteria for a strong case. With a focus on immigration and nationality law, the firm is equipped to navigate the complexities of asylum law and advocate effectively on behalf of clients in Charlotte and around the world.

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