Fairfax Asylum Under the United Nations Conventions Against Torture

United Nations Conventions Against Torture and Fairfax asylum are applied for on the same form but under different criteria. If you are applying for CAT, a distinguished asylum immigration lawyer can assist you in the application process. A Fairfax immigration lawyer can advise you on the most appropriate way to approach your case.

How to Apply

A person applying for United Nations Conventions Against Torture and Fairfax asylum will use the Form I-589. The best description of protection under the Convention Against Torture is mostly to show that it is more likely than not that they are going to be tortured if they were removed to the country from which where the individual believes that they will be harmed. It needs to be more likely than not as opposed to a reasonable probability of harm, which is required under asylum. There is a higher bar to receive CAT protection than being granted asylum.

If someone was disqualified from seeking asylum in Fairfax, it is possible because some of the bars for withholding and asylum, especially the disqualification for people who have been convicted of a particularly serious crime, do not apply for CAT protection. There are some people who have serious criminal records who can qualify for CAT if they do not qualify for asylum or withholding.

Legal Resident Status

One of the downsides of CAT protection is that it does not lead to a green card or legal permanent residence and it also allows them to be removed to a safe third country if one is available and also the US government can terminate the person’s status at any time if they determine that they are no longer at risk of torture and they can return to their home country.

CAT is a good option for people who do not qualify for asylum or withholding because they are subject to one of the bars, but it is definitely a type of benefit that needs to be thoroughly documented and a person needs to keep in mind that the standard is much higher, that they need to prove torture instead of just fear of persecution, like for asylum.

CAT vs. Withholding of Removal

The main element of withholding of removal, United Nations Conventions Against Torture and Fairfax asylum is to be granted protection under CAT, a person must show that the harm that they fear suffering meets the definition of torture under the Convention Against Torture. The basic description of that is that just that a person is going to be subjected to intention and unlawful infliction of severe suffering or pain with consent of a public official or the government of their home country or by an entity that the government cannot or will not control for purposes such as punishment, obtaining a confession, intimidation, or discrimination.

The biggest difference is that a person needs to show that the harm is going to qualify as torture as opposed to just persecution. It is really the torture element, to be granted protection under the Convention Against Torture, a person does not need to show membership in a particular social group; it just needs to be more likely than not that they are going to be tortured if they return to their home country.

Contacting a Lawyer

United Nations Conventions Against Torture and Fairfax asylum application requirements are not just persecution that is required to be granted asylum, it encompasses a broader realm of conduct. Torture is a much more specific type of harm and a person needs to prove that they are going to be subjected to that to be granted protection under CAT. And that is another important thing to clarify too that the burden is higher for protection under the Convention Against Torture than for asylum because a person needs to prove that it is actually more likely than not.

There is a 51 percent chance. In other words, a person is going to be tortured if they return. It is not just a reasonable likelihood or reasonable possibility. Anyone seeking asylum or CAT, should speak with an immigration attorney right away.