If you or a loved one have been placed in immigration proceedings, we may be able to help. There are a variety of options that could be available to you or a loved one. We would need to analyze the facts of your case and why the government is seeking to return you or your loved one to your home country. There are times when it is a misunderstanding and there are other times when you have relief because of your circumstances and how long you have been in the country. As each matter is different, it is important that you speak to an immigration attorney to determine your best course of action. We would be happy to speak to you to see what can be done in your case.
Sometimes people are forced to leave their country because they have been persecuted for their beliefs, their race, their nationality or some other reason. If this is you, we are sorry that you are placed in this situation. However, you may be able to seek relief in the US by filing an asylum application.
There are several important matters to consider when filing an asylum application. The first factor to consider is that if you obtain asylum, you may not be allowed back into your home country anytime soon. Another factor to consider is why you are being persecuted. You should be persecuted because of some inane right about your nature. This means if you are being persecuted because you own a business and you will no longer be persecuted if you give up the business, you may not be eligible for asylum. A third factor to consider is when you apply for asylum, as you must apply for asylum within one year of entering the US. If you do not file within the year, you may still seek other relief that is similar to asylum but does not give you some of the benefits of an asylum application.
If you have dual nationality, you will likely not be able to apply for asylum, unless you can show persecution in both countries. Furthermore, if you lived in another country for six months prior to coming to the US, you will not likely be able to apply for asylum unless you can prove that you were persecuted in your home country and the country you just left.
After applying for asylum, you will have an asylum interview. If approved, you will be eligible to obtain your permanent residency within one year of obtaining asylum. If the officer does not believe your claim, then your case will be submitted to immigration court.
Should you believe that you have a viable asylum claim.