Asylum and Removal/Deportation in Montgomery County

When a person is applying for asylum, they may be feeling anxious about when their application will be processed. Unfortunately, just because a person applies for asylum, it does not mean that they are protected from removal. On the contrary, individuals can still be removed if they commit immigration violations or are charged with a criminal offense.

If you are planning to apply for asylum but are unsure about the law regarding removal proceedings during the application process, schedule a consultation with a knowledgeable immigration attorney with experience in both asylum and removal/deportation defense in Montgomery County.

Can Someone be Deported When Seeking Asylum?

If one is seeking asylum, there is a possibility of being removed from the United States if one does not meet the eligibility for asylum. If an applicant submits an affirmative asylum application and the asylum office is unable to grant asylum because they did not demonstrate persecution on account of a protective ground, or the applicant missed the filing deadline or there were credibility issues, then one may be referred to the immigration court and an immigration judge will determine whether the applicant is removed. If the asylum applicant is unable to find that a person meets the eligibility for asylum, a removal from the United States can be ordered.

If someone is in the process of applying for asylum and they commit certain crimes in the United States that makes them ineligible for asylum, or it is found that they submitted a frivolous asylum application and there are no secondary forms of relief, then one may face removal and not be granted asylum.

When Can Someone be Deported During the Application Process for Asylum?

If an individual commits a crime while in the United States, and that conviction makes the asylum applicant ineligible for asylum they are subject to removal. For example, if the applicant is charged with an aggravated felony or a particularly serious crime, then they may be removed while they are applying for asylum.

Alternatively, an immigration judge may find that even if they are not eligible for asylum, they might be eligible for protection under the Convention Against Torture.

Severity of an Offense to Warrant a Removal

There is no precise definition of what makes a crime particularly serious to make one ineligible for asylum. However, there are listed crimes that are considered aggravated felonies for immigration purposes, which will make an asylum applicant ineligible to receive this benefit. This

There is no division of how serious the offense needs to be. It just needs to be on that list of aggravated felonies for one to be removable from the United States or in the estimation of the immigration judge or the Board of Immigration Appeals that it is a particularly serious crime in which the United States is not willing to grant asylum to that individual.

Non-Criminal Offenses that may Warrant a Removal

An individual can be deported for other reasons other than criminal reasons. For example, if a person has committed immigration fraud in the past or previously submitted a frivolous asylum application, an immigration judge may find that they are no longer eligible for asylum in the United States.

How Can an Attorney Help?

A lawyer can help with preparation of asylum application Form I-589, help to collect documents, and demonstrate eligibility for asylum. If you applied late for asylum by not adhering to the one-year filing deadline, an immigration lawyer will be able to determine whether or not you meet one of the exceptions to the one-year filing deadline. To learn more about asylum and deportation in Montgomery County, be sure to schedule a consultation today.