Montgomery County Asylum Lawyer
If you have fear when it comes to returning to your country, you might eligible to seek asylum. Immigration law protects individuals seeking refugee. Someone granted asylum becomes an asylee. After being an asylee for one year, an asylee can submit Form I-485 to apply to become a lawful permanent resident.
Reach out to an experienced Montgomery County asylum lawyer today. A dedicated immigration attorney could help you with the legal process of becoming an asylee.
How Aslyee Status is Different Than Lawful Permanent Resident Status
Asylee status is different than lawful permanent resident status because, as an asylee, there is no requirement to apply to become a lawful permanent resident. If the asylee decides to apply to become a lawful permanent resident, they can do so after being an asylee for one year. Asylees have no permanent status in the U.S. Their status is dependent on country conditions and personal conditions remaining the same. In addition, there is no path to becoming a U.S. citizen unless an asylee becomes a permanent resident.
It is better because a lawful permanent resident in comparison to an asylee has more rights in the U.S. A lawful permanent resident can apply to be a U.S. citizen after they have met time eligibility, which an asylee may not do. A lawful permanent resident is able to apply for federal student loans, and they are eligible for certain benefits under state law. If an asylee is eligible to apply to become a lawful permanent resident, they should take all those benefits into consideration.
Can Someone be Deported After They Have Been Granted Asylum?
A person can be deported if they have already been granted asylum. If they commit certain crimes and violate certain laws, they can be removable from the United States, even if they have already been granted asylum. For more information, consult with an asylum lawyer in MoCo.
Traveling Restrictions for People Granted Asylum
There are some restrictions on where and for how long someone can travel after being granted asylum. The reason the asylum applicant was granted asylum was because of the persecution or fear of persecution that they faced in their home country. If an asylee returns to the country in which they told the U.S. government that they feared persecution or faced persecution, it will be assumed that the asylee or the asylum applicant filed a fraudulent asylum claim. There are certain situations in which the applicant has a necessity to return to the country that they face the risk of persecution, and that is something that they are going to have to talk to an officer about. Whether a trip to the country of persecution was necessary will be determined. If the trip is necessary, it should be short to show the necessity of that trip.
Call a MoCo Asylum Attorney Today
People considering applying for asylum should know that they have a one-year deadline rule, which means that they will have to apply for asylum by the one-year deadline of their last entry into the United States. There are some exceptions, such as changes in country conditions, changes in any personal circumstances, changes in U.S. laws, or any extraordinary circumstance that prevented them from filing an asylum application timely. These circumstances can include serious illness or disability, if the applicant maintained lawful status before filing an asylum application, if there was a death or incapacity of their legal representative or family member, and if they had any ineffective assistance of counsel. That list is not complete, but it is a guideline as to what will be considered for exemptions to the one-year rule.
Also, anyone who is considering applying for asylum should note that if they are not able to attend their asylum interview, they must contact the asylum office and request to be rescheduled. If the applicant is referred to the immigration court, they should not be disheartened. That is just another opportunity to present their asylum case. Anyone who has been referred to an immigration judge must attend all hearings. If they do not attend all hearings, they will be ordered removed in absentia. Another thing that an asylum applicant should know is that if the immigration judge does not grant their asylum case, there is an opportunity to appeal the immigration judge’s decision before the Board of Immigration Appeals.
For help with your situation, contact a Montgomery County asylum lawyer today.