Granting Asylum in Prince William County

In Virginia, there is a long process for receiving asylum. If a person is applying for Prince William County asylum, they are going to need to fill out appropriate documents, and go through an interview. Since the timeframe can differ case to case, and there are multiple factors that go into the application, it can be a long and complicated process. Having a local attorney can be beneficial when someone is applying for asylum in Prince William County.

If you are applying for asylum, you should consult an attorney who understands the process of granting asylum in Prince William County. While an attorney cannot speed up the process, an experienced immigration attorney can provide legal counsel.

Elements of Asylum

When someone is applying for asylum, there is no statutory or policy preference that makes it easier for people from one country to get asylum than for others. However, there are countries where a person’s grounds of persecution are more easily documented. There are many countries where it will be extraordinarily difficult for a person to prove that he or she will be tortured if there is not an extensive amount of country conditions evidence that can prove their claim. If a person is applying for asylum from France, for example, it is going to be a difficult, uphill battle, because there are human rights protection and a solid legal infrastructure in that country to protect people. It is much more difficult to get asylum from a country that has those kinds of protections and infrastructures in place.

USCIS Denial

If a person is applying affirmatively before USCIS and their application is denied, it is not a final denial and the denial notice will state that. It states that they are not able to approve the person’s application at this time, but they will refer the individual’s case to the immigration court and issue what is called a notice to appear or an NTA. They send the case to the immigration court and the person will be granted a master calendar hearing where he or she will explain that their asylum is denied by USCIS and that he or she wants to pursue asylum benefits before the immigration court. After that initial master calendar hearing, a person will request an individual hearing and that will be like an asylum trial and another chance to adjudicate their claim. This time it will be in front of the judge and with the prosecutor as opposed to the USCIS adjudicator.

First Time Asylum Denial

A person moves forward on the same application that they submitted to USCIS. They are allowed to re-adjudicate their claim in front of the immigration court. However, they do not get to if their case has gone all the way to the immigration court and they exhausted their appeal process in the immigration court context they are not allowed to reapply again before USCIS based on the same claim.

When a final decision is made, a person cannot continue on the same claim. That is the policy. It is how the asylum was structured in U.S. A person is allowed to first apply affirmatively before USCIS and once they are in a removal proceeding, they can litigate the same claim in front of the immigration judge.

Legal Permanent Resident

If a person is granted asylum, they will be placed into asylee status. They can renew asylee status and it can last indefinitely. It is not recommended that a person remains on asylee status because, after one year of being an asylee status, they can apply for a green card. A green card grants the legal permanent resident status.

Someone who has been granted a green card can be deported. Legal permanent residents get deported all the time. The most common thing that happens is a person commits a crime and that disqualifies the person for asylum while he or she is asylee status. It can also be for other reasons. For instance, if the person travels to their home country while in asylum status or does something else that may violate their status, they can be replaced into removal proceedings, even if they have already been granted asylum.

Travel Restrictions

The main restriction is that a person does not want to return to their home country while in asylum status, and even while a green card holder. If a person obtains their green card and returned to their home country, that can cause a person’s asylum status to be rescinded. In some cases, it leads the government to believe the basis of a person’s asylum application is fraudulent.

Benefits of an Attorney

If someone is applying for asylum in Prince William County, they will need legal representation to help them through this complicated and long process. There are travel restrictions and other essential factors that are associated with granting asylum in Prince William County.

Having a lawyer is essential when you are applying for asylum and hope to apply for a green card.

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