Asylum, Withholding of Removal, and CAT Attorney in McAllen
Immigration Help in Starr County, Hidalgo County, Cameron County
A foreign national who fears returning to his or her home country may be a candidate for Asylum, Withholding of Removal, or protection under the Convention Against Torture (CAT).
Asylum is a type of protection available to individuals who are unable to return to their home country due to fear of persecution because of their race, religion, nationality, membership in a particular social group, or political opinion. The persecution you fear must either be from the government or individuals that the government cannot, or will not, protect you from.
How do you apply for Asylum?
You must file you application for asylum within 1 year of your arrival in the United States, although you may qualify for an extension in some limited circumstances.
To apply for asylum, you will need to submit a Form I-589 Application for Asylum and for Withholding of Removal. If you are in removal proceedings, you must file the application with the immigration court. The immigration court will then schedule an Individual Hearing where you will have the opportunity to present your evidence and explain why you fear being persecuted in your home country. If you are not in immigration court proceedings, you must file your application along with documentary evidence with the U.S. Citizenship and Immigration Service (USCIS).
If your application for asylum is granted, you may be eligible to apply for legal permanent residence (“green card”) after one year.
At the Law Office of Ayala & Acosta, we have over 15 years of experience in immigration law and can provide you with the guidance you need. Call (956) 923-3938 or contact us online to schedule a consultation.
Withholding of Removal and CAT
In some situations, a person is ineligible for asylum – either because the 1-year deadline has passed, because of criminal convictions, or because the evidentiary requirements are not met. If this is the case, Withholding of Removal or CAT may still be viable options to prevent deportation.
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