Los Angeles Asylum Lawyer
Asylum
Applicants for political asylum must demonstrate that either he or she has suffered past persecution, or that he or she possesses a well-founded fear of future persecution, on account of race, religion, nationality, political opinion, or membership in a social group. Unless extraordinary or changed circumstances exist, applicants must file their applications within one year of their arrival in the U.S. Those granted asylum may apply for a green card after one year.
Withholding of Removal
The requirements of withholding of removal are nearly identical to that of asylum, except that the burden of proof is higher. An applicant must demonstrate that is it more likely than not that he or she will be persecuted if he or she returns to their home country. Further, recipients of withholding are not eligible for a green card, although they may apply for a work permit. Applications for withholding may be filed at any time after arrival in the U.S.
Protection Under the Convention Against Torture (CAT)
An applicant for CAT protection must demonstrate that it is more likely than not that he or she will be subjected to torture if removed to the proposed country of removal. Generally, the act of torture must be committed by, or at the acquiescence of, a government official.
Green Cards for Victims of Domestic Violence (VAWA)
The Violence Against Women Act (VAWA) allows for victims of domestic violence to self-petition for a green card. The perpetrator must have been a U.S. citizen or a Legal Permanent Resident (green card holder) spouse. Petitioners do not need the cooperation of their spouse, or former spouse, in order to pursue a green card under this law.
Visas for Victims of Human Trafficking – T Visas
T visas are permitted for victims of “severe trafficking” who agree to assist law enforcement authorities in an investigation or prosecution and who would suffer extreme hardship if removed from the U.S.
Visas for Other Victims of Crime - U visas
U visa status may be granted to individuals who have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying crime, such as rape, domestic violence, or felonious assault. Victims of domestic violence, under the U visa regulations, do not have to have been harmed by someone with legal status in the U.S.
The information contained on this page is for general informational purposes only and is not to be construed as legal advice.
