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Courthouse

Defense Against Removal

If you are an undocumented immigrant facing removal proceedings,

you have the ability to fight back.

You may be able to go through the 'Adjustment of Status' process to get a green card and become a lawful permanent resident. This is usually done:

​​What is Asylum?

Asylum allows immigrants to escape the persecution that they suffered in their homelands and come to America to start a new life. It also helps those people who did not suffer persecution in the past, but have a legitimate fear of persecution if they returned home.

 

What is 'Persecution'?

The individual must show that there is a “reasonable possibility” that he or she will be abused, harmed, or deprived because of the individual's:

 

1) race,

2) religion,

3) nationality,

4) political opinion, or

5) membership in a particular social group 

 

It is critical to have a consultation with a professional attorney, such as Alexander Carrion, who will learn about your past experiences in your homelands and your reasons for fear of return. Receiving professional advice on how your fear may qualify you for Asylum is the first step in defending your opportunity to remain in the U.S.

Other Defenses Against Removal Proceedings

If you are resisting hardship that would come to you in your homelands, but are ineligible for applying for Asylum, there are alternatives to that immigrants can pursue to remain in America:

 

Withholding of removal is similar to asylum in many ways. If withholding is granted, you are given the right to remain and legally work in the United States. However, immigrants who are granted a withholding of removal cannot apply for legal permanent residence, nor can they leave the country without being barred from re-entry. Withholding of removal is often granted for immigrants who are not eligible for asylum, but have proven that their life may be in danger if they were forced to return to their home country.

Protection under Article III of the U.N. Convention Against Torture (CAT). Unlike asylum and withholding, CAT relief does not require proof of “fear under persecution”. However, obtaining relief under CAT is extremely difficult, and only advisable if you have committed serious crimes that make you ineligible for Asylum and Withholding of Removal while in the United States.

Professional Help Is The Best Way To Proceed In Defending your Ability to Stay in the U.S.

If you are considering filing for asylum, it is critical to contact an immigration attorney to help guide you through the process. Carrion Law has years of experience assisting former immigrants successfully receive grants of Asylum and Withholding of Removal. 

Questions? Ready to take the first step?

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