Factors Causing Denial of Asylum in Prince William County

Eligibility for asylum exists if an applicant can prove that it is necessary in order to avoid being returned to their country of origin. If an applicant can be returned to a third safe country, then asylum will be denied. This is among the many factors causing denial of asylum in Prince William County, because the idea is that it exists for people who have no other recourse. That being said, there are some other barriers to entry as well, which can be best addressed with the help of an experienced attorney.

Main Factors For Disqualification

There are a number of mandatory bars to obtaining asylum in the United States. The most common way that a person can be disqualified for asylum or barred from applying for asylum is by submitting more than one year after the date of arrival in the United States. In some cases, a person may be able to obtain asylum if they are filing late, if they can prove extraordinary circumstances that led to the late filing, or if the conditions in their home country changed so that the danger that they fear and the basis for the claim for asylum has recently emerged.

Even if a person has been in the country for five years, say there is a coup in their country, and the political party with which they are affiliated, for example, has become a vulnerable group. Under those circumstances, an individual can make the argument that the clock began the moment the country conditions changed.

In some cases, if the government can prove that a person has firmly resettled in a third country such that they can be removed to a third safe country, then that would definitely fall under the factors causing a denial of asylum in Prince William County. This means that if a person has dual citizenship in another county, they can be removed to another safe country.

Persecution of Others

That is one common bar, but when it comes to factors causing a denial of asylum in Prince William County, there are six statutory bars to asylum. They include if the government can prove a person has been involved in the persecution of others. In that case, the individual can be barred from asylum.

If a person is involved in any kind of a group that has been determined to be a terrorist organization, a group that persecuted others, or has been convicted of a particularly serious crime, which includes any aggravated felony, the applicant will be barred.

Criminal History

Any kind of controlled substances offense or other aggravated felonies will bar people from receiving asylum. If they have committed any kind of serious non-political crime outside of the United States, they can also be barred.

If the government believes that there are reasonable grounds that the applicant, if approved, will present a danger to the security of the United States, they will be barred. That is a discretionary bar that the government would have to argue.

Loss of Eligibility

It is important to note that it is possible to lose eligibility even after one has already been granted asylum. In some cases, that is where the firm resettlement bar can come into play. If a person returned to their home country when in asylee status, then the government can say that they are not in danger and revoke the status.

Under these circumstances, the individual can be placed in front of the immigration court where the credibility of their initial claim will be attacked and the asylee status officially revoked.

In addition, even if a person does not leave the country, but then commits a criminal offense, that offense counts as grounds for the rescinding of asylum.

How an Attorney Can Help

The factors causing a denial of asylum in Prince William County can even apply to an individual after they have already been granted asylum. Before undertaking the long and arduous process of seeking asylum, or if you think you may be facing a removal of asylee status, contact a lawyer who has experience in this particular area of the law. Such an attorney will be able to guide and advise you through the process.