This is a form of protection for people who have fled persecution or fear future persecution in their home country. A grant of asylum allows legal status in the U.S., a work permit, and eventually a green card. Under the immigration nationality Act, a person is allowed to apply with the United States government for asylum protections if they have suffered persecution or fear that they will suffer persecution due to their: Race Religion Nationality Membership in a particular social group Political opinion If you fear returning to your home country for any of the reasons mentioned above, or if you are unsure, please call us immediately to schedule a consultation. Please note that there is a one-year filing requirement for most seekers of asylum protections. Exceptions to this rule can include minors and people ill-advised about the one-year filing deadline by immigration officials at the time they entered the country. Again, please consult with an experienced competent attorney in order to explore your legal options.
This is asylum’s cousin. Although much like asylum in many ways, withholding is more difficult to obtain, because you have to show that it is “more likely than not” that you would be persecuted in your home country upon return. Also, it provides fewer benefits than asylum, because recipients are usually ineligible to apply for permanent residence or travel outside of the United States. However, it might be your only option if certain bars to asylum apply to you (e.g. such as waiting far too long to apply for asylum after entering the United States). A person who is granted withholding can stay in the U.S. and obtain work authorization.
Protection under CAT is available only if it is “more likely than not” that the government of the applicant’s home country—or some person or group the government cannot control—will torture that person. The reasons for said torture must be nefarious (unlike with an asylum case, where you must prove that the persecution is related to you fitting within one of five protected grounds–the reasons for torture are generally broad). CAT is also like withholding in that persons who receive CAT protection cannot ever get U.S. permanent residence or travel internationally. CAT recipients usually receive permission to remain and work in the United States.
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