Granting Asylum in Arlington
After granting asylum in Arlington, the applicant then becomes what is referred to as an asylee. After one year in asylee status the applicant is eligible to apply for lawful permanent resident status (Green Card). Becoming a permanent resident after being an asylee will allow the applicant to become a US citizen after five years.
An individual granted asylee status can be placed back in removal proceedings if they commit serious crimes or it is discovered that the asylee committed fraud in obtaining that status or sought the protection of the country of origin. An experienced asylum attorney can help you learn more about how to prepare for the potential outcomes of your case.
Asylum Application Expectations?
An asylum applicant needs to prove that the individual fears returning to their country of origin (or third country to which they may be returned) because of past persecution or a well-founded fear of future persecution on account of the applicant’s race, nationality, religion, political opinion, or membership in a particular social group. Internal relocation in the country cannot be possible and the government of the country is unwilling or unable to protect the applicant.
Impact of Where Asylum Cases are Granted or Denied
Asylum offices around the country and different judges in different immigration court approve asylum cases at different rates. Depending on the country conditions in the country of origin one country may have a higher number of applicants and approvals.
If an asylum applicant has not been granted asylum, they are then referred to the immigration court for removal proceedings to present the asylum case again before an immigration judge. When the court cannot guarantee the granting asylum in Arlington, the office refers the case to the immigration court.
What is the Removal Proceeding Process?
The asylum applicant will receive a notice referring the case to the immigration court. Thereafter, the asylum applicant will receive a Notice to Appear (NTA) with allegations that the asylum applicant is removable from the United States. The asylum applicant will be scheduled for a Master Calendar Hearing to inform the Immigration Judge what the applicant, now called Respondent, will present as a defense to removal. The Respondent will usually elect to present the asylum application again. The Immigration Judge will schedule the matter for an Individual Hearing to present evidence and the Respondent will testify as to their asylum claim.
Expected Timeframe of an Asylum Case
A case can take many years to be considered by the Immigration Judge, how long exactly the Respondent will be waiting to have his or her final hearing depends on the Immigration Court and the Immigration Judge’s docket.
An immigration lawyer can ask the court to expedite proceedings by requesting that the course advance the final merits hearing if there are circumstances that necessitate that the case be heard as soon as possible. These circumstances can include the availability of witnesses or if there are family members who can follow to join who are presently in danger.
How to Handle Asylum Denial
If an asylum applicant is denied asylum by an Immigration Judge, and the applicant has not filed another form of relief, the applicant will be ordered removed. If there are circumstances that have changed in the country of origin that were not presented at the time of the Individual Hearing because the circumstances did not exist at the time, the applicant may be able to reopen the removal case based on changed conditions and present the new evidence. Speak to an attorney about your options if you were not successful in your pursuit of granting asylum in Arlington.