Removal proceedings occur when the United States wishes to deport a non-citizen and generally repatriate him or her into their country of origin. In most circumstances, the immigrant can contest the deportation by presenting reasons that he or she should be permitted to stay in the U.S.
One of the more effective defenses to deportation is seeking asylum. When someone’s initial application for asylum is denied, they are often placed into the removal process.
In those instances, the individual can use asylum as a defense in Lombard deportation proceedings. However, this can be a complex legal process and a knowledgeable deportation defense attorney could offer critical guidance. To discuss your take with a legal professional, schedule a consultation today.
Many people are confused about asylum and how to qualify for it. Asylum is based on conditions in a person’s country of origin and differs from those seeking a refugee status.
Refugees often have country-wide problems that lead to the refugee program. In contrast, asylum seekers fear persecution in their home country that is either widespread or specific.
People cannot apply for asylum before entering or being on the verge of entering the United States. However, those who come into the country without proper documentation can be subject to removal proceedings. This creates a complex scenario for asylum seekers in Lombard, which is why many use it as a defense in deportation proceedings.
To be eligible for asylum, a person must face potential persecution in his or her country of origin. However, the definition of persecution is subjective, and factfinders can disagree about whether someone is facing it.
Persecution can consist of harm or threats explicitly directed at the individual. For example, a political person may be facing persecution. Similarly, if members of a religion or ethnic group face persecution in a country, they could use that as a reason for seeking asylum. Due to how complicated deportation defense cases can be, working with a Lombard attorney who handles asylum claims is critical.
There are two main ways that people find themselves in a position where they are seeking defensive asylum. The asylum request must be in response to removal proceedings with the Executive Office for Immigration Review (EOIR).
United States Citizenship and Immigration Services (USCIS) can refer a person to an immigration job at the end of an affirmative asylum process. An individual could also seek defensive asylum after being placed in removal proceedings for trying to enter the country without proper documentation or violating his or her immigration status.
Asylum is available as a defense in the standard and expedited removal processes. To assert the defense, a person must have a credible claim that he or she fears persecution or torture.
If the asylum claim is credible, the asylum-seeking individual must present his or her argument to the immigration judge. The judge will determine if someone is eligible for asylum or other forms of relief. Both the asylum seeker and the U.S. can appeal a decision.
Deportation proceedings are always tricky, with extremely high stakes. Removal impacts an entire family and even the community. The allegations are that removal will subject you to persecution, which means that your physical and emotional health, or even your life, is in danger.
A compassionate lawyer could help you present the best argument for asylum as a defense in Lombard deportation proceedings. Call our law office today to schedule a meeting with a hardworking immigration attorney.
