Disqualifying Factors in a Montgomery County Asylum Application
If you are looking to submit an application for asylum, there are various circumstances that you need to be aware of in order to avoid a disqualification. To fully familiarize yourself with these elements, it is recommended to get in touch with a professional immigration attorney. Our lawyers are able to answer any and all questions regarding the disqualifying factors of a Montgomery County asylum application. To get started on discussing your case, be sure to schedule a consultation today.
Top Factors that Can Disqualify Someone from Being Granted Asylum
The top factors that may eliminate an applicant for asylum are: filing the application after the one-year filing deadline and not having an exception to that rule, filing a frivolous or fraudulent application, not being able to demonstrate that the applicant faced past persecution on account one of the five protected grounds, or not being able to demonstrate well-founded fear of future persecution on account of one of the five protected grounds.
Loss of Eligibility After Applying for Asylum
If the asylum office or the immigration court finds that the asylum application was fraudulent, they can deny or revoke the asylum grant, or if in the middle of the process the person commits a serious crime, that can make them ineligible for asylum.
In addition, if after being granted asylum, the person commits a crime that makes them removable, there is no opportunity to apply for asylum again on the same basis. The asylee designation will be revoked and they will have to present some other form of relief.
Situations that Will Render a Disqualification Upon Submitting an Asylum Application
If someone who meets the eligibility requirements for asylum by demonstrating either past persecution or a well-founded fear of future persecution on the basis of a protected ground, but they did not apply for asylum in a timely manner (within one year or within a reasonable period of time if falling within an exception) , the asylum office will not consider that application for asylum.
What they will do is refer that case to the immigration court and that person may face removal. If an immigration judge finds that the person does not meet the one-year filing deadline exception, then the immigration judge may find that asylum is not warranted and will and either grant withholding of removal, grant protection under Convention Against Torture, or order the person removed if they do not meet their eligibility for asylum.
Things to Know about the Disqualifying Factors for Seeking Asylum
First and foremost, people should be aware that they have to file for asylum within one year of their last arrival in the United States or file within a reasonable period of time after losing their legal status if they were here under another immigration status
Additionally, people should be aware that filing a frivolous asylum application may make one ineligible for future benefits. Applicants should also be aware that if they are not granted asylum by the asylum office, that there is still the opportunity to present a case before the immigration court.
Schedule a Consultation Today to Learn More
Submitting an application for asylum is a tremendous milestone for anyone looking to remain in the United States. Unfortunately, the immigration laws set in place can make it difficult for someone to enter the country legally, and even a submission of an asylum application can be disqualified under certain conditions.
To learn more about the disqualifying factors of a Montgomery County asylum application, reach out today to schedule a consultation.