Alexandria Asylum and Deportation
While the risk of deportation may be a daunting fear while applying for Alexandria asylum, know that a reliable immigration attorney can assist in your protection. The relationship between Alexandria asylum and deportation can depend on many complicated factors that may feel as if they are out of your control. Become acquainted with the following information to learn more about the relationship between asylum and deportation, as well as the ways in which an expert asylum lawyer can make a difference in your life.
Deportation While Seeking Asylum
If an applicant submits an affirmative asylum application and the asylum office finds that they cannot approve the asylum application because there is an issue with the one-year filing deadline, there are credibility issues, or the individual does not meet the legal standard for asylum in some other way, they will be referred to an immigration judge. Being referred to an immigration judge means that the applicant is now placed in removal proceedings, which can lead to deportation if they are ineligible for relief.
Can Someone be Deported While in the Process of Being Granted Asylum?
If someone has applied for asylum and commits certain crimes, they may be placed before the immigration judge and face removal proceedings. This means that the applicant loses their opportunity to have two bites of the apple by presenting the case before the asylum office if they are not able to prove asylum at the stage presenting the case to a judge. If someone is approved for asylum, they will not be placed in removal proceedings and will not be deported.
Individuals who commit or have been convicted of particularly serious crimes, or are a danger to the community or the security of the United States can be deported while they are seeking asylum. These circumstances will make them ineligible for asylum.
What Charges Merit Deportation
There is no strict definition of what types of particularly serious crimes will lead to deportation. However, in the context of determining whether an applicant is subject to the bar, a conviction of an aggravated felony is considered to be a conviction for a very serious crime.
If the applicant is convicted of an aggravated felony and receives a sentence of five years or more, the conviction is considered a particularly serious crime and the applicant will be barred from asylum as well as withholding of removal.
For a crime to be an aggravated felony, Congress need only to label it as such. It may not be a felony at the state level and it may not be aggravated (as in requiring a violent component). There are numerous non-violent, trivial misdemeanors that are considered aggravated felonies under Alexandria immigration laws.
Other Ways to Receive Deportation
Something to understand the difference between Alexandria asylum and deportation, is one does not need to commit a crime to receive deportation from the United States. An applicant can also be deported for other reasons. An asylum applicant can be ordered removed in absentia for failing to appear for a hearing. An applicant can also be removed for making a frivolous or fraudulent asylum claim.
Role of a Professional Alexandria Asylum Attorney
A lawyer can assist an applicant facing deportation by submitting an asylum application that properly frames the claim, so it is apparent to the judge what protected ground motivated the persecution. The lawyer can help the applicant flush out the details of what occurred, assist the applicant in locating evidence of what occurred, and provide country condition reports.
The lawyer can summarize all of the evidence and submit legal briefs to the immigration judge to explain why the applicant merits a favorable decision. The lawyer can also prepare the applicant and any witnesses in providing testimony.
If you are fearing deportation while in the midst of applying for asylum, reach out to a lawyer who can help teach you about the relationship between Alexandria asylum and deportation, as well as take steps to assist in properly submitting your application.