Factors Disqualifying an Individual from Fairfax Asylum 

There are a number of factors disqualifying an individual from Fairfax asylum, such as the one-year filing requirement. That is the most common reason that people maybe only think to apply for asylum once they are placed into a removal proceeding after they have been present for longer than a year. The second most common reason is being convicted of a particularly serious crime. The conviction immediately raises concern regarding the wisdom of granting asylum.

For help determining the factors disqualifying an individual from Fairfax asylum, an individual should speak with an experienced asylum lawyer.

Definition of a Serious Crime

One of the important things to understand is that sometimes the definition of a serious crime is not something that will be black and white. It is something that a person needs to present and there may be a legal argument that has been made that the government might oppose, arguing that the crime cannot be considered, it is definitely serious. This is an instance in which a Fairfax immigration lawyer will be an invaluable asset.

Role of an Asylum Court

The things that USCIS and the immigration courts look for when deciding whether to grant asylum primarily the ability of an applicant to:

  • Convey a sense of credibility
  • Prove membership in the protected group in question
  • Demonstrate likelihood that they are persecuted

That being said, there are no guarantees, and it is important to know about the factors disqualifying an individual from Fairfax asylum as well. Overall, the process can be cumbersome and confusing, and having an experienced immigration attorney guide and advise you along the way will be immensely valuable.

Time Frame

The affirmative action process can typically take up to approximately 180 days. However, due to increasing caseloads, the USCIS may take longer.

In cases where an application is denied at the USCIS level, it is important to note that it is not a final denial. Rather, it means that the case will be referred to the immigration court, which will give the applicant a second chance to defend their claim in front of the immigration judge.

In those cases, the time frame will be much longer because they will have to wait for the full adjudication process, which can take years depending on which judge a person is assigned to.

Immigration Court

Once a person’s case has been redirected to immigration court, the applicant will receive a notice to appear in the immigration court for the initial proceedings in front of the judge.

A person can submit further documentary evidence if they so wish, as well as call witnesses or call for recognition experts in front of the immigration court. In doing so, they will have a chance to have their claim adjudicated in front of the immigration judge.

Forfeiting Eligibility

A person can also lose their eligibility even after they have already been granted asylum. The common way of doing this is if a person has been granted asylum and then commits a particularly serious crime. In that case, they can be placed into removal proceedings and be rejected on that basis.

It is important to note that the crime in question need not have occurred within the United States. Rather, eligibility can be rescinded even if the crime occurred outside of the country.

Work Authorization

While the applicant is waiting for the adjudication process to conclude, they are in the US legally, so they could also work. They can get a work authorization 150 days after submitting the filed application.

Because of the extended time frame for granting asylum, the work authorization can be renewed throughout the adjudication process.

Travel Restrictions

There are technically no travel restrictions under asylum. However, if a person is granted asylum and then they immediately return to their country of origin, the government can resend the granted asylum if they believe that the individual is no longer in fear of returning.

Role of a Lawyer

A lawyer cannot expedite the application process in any way. However, the person can in some cases. For a humanitarian reason, request expedited processing but the bar for them is very high. Being granted asylum does not automatically make them a legal permanent resident. One year after the grant of asylum, they are eligible to apply for their green card or their legal permanent residency.

The reason is the county is a very favorable place to apply for asylum because the approval rates are high relative to the rest of the counties. It is still very important to thoroughly document a person’s case and to consult with an immigration attorney to discuss Fairfax asylum disqualifying factors prior to applying.