Political Asylum, CCT, Waiver of Removal
Political Asylum
It is a form of protection that allows individuals who are in the United States to remain here if they have been persecuted in the past or have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion or membership in a particular social group. Asylum applicants may apply for asylum even if they have entered the U.S. illegally or are in the U.S. on an expired visa/I-94. Generally, asylum applicants must apply for asylum within one year of their arrival in the US. However, there are several exceptions that will allow for asylum application after one year.
This can be discussed further with attorney Carlos Sandoval in your consultation. Foreign nationals in the U.S. who are unable or unwilling to return to their country of origin because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group The burden of proof is on the applicant for asylum to establish that he has a credible fear of persecution. The applicant may qualify as a refugee either because he has suffered past persecution or because he has a well-founded fear of future persecution. An applicant will be found to qualify on the basis of past persecution if he can establish that he has suffered persecution in the past in his country of habitual residence of nationality or last on account of race, religion, nationality, membership in a particular social group, or political opinion, and that he is unable or unwilling to return to or avail himself of the protection of that country because of such persecution. An applicant will be found to have a well-founded fear of persecution if he can first establish,that he or she has a fear of persecution in his or her country of habitual residence of nationality or last nationality on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering such persecution if he or she were to return to that country; and third, that he or she is unable or unwilling to return to or avail himself or herself of the protection of that country because of such fear.
Convention Against Torture
Waiver of Removal
Waiver of Removal is a status that is similar to political asylum, but with fewer protections. Individuals who win this type of case can stay in the U.S. legally and obtain work authorization. People with a Waiver of Removal do not have the right to apply for lawful permanent residence like those who are protected by asylum. Most people who apply for a waiver of removal have a final order of removal against them.
If the individual travels outside the United States, he or she will not be allowed to re-enter the U.S. again. Like the application for asylum, the application must be based on fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The standard for Waiver of Removal is typically higher than that for asylum. To be successful in obtaining asylum, an applicant must demonstrate fear and obtain a Waiver of Removal approval. The applicant must show that he or she is more likely than not to face persecution if returned to his or her home country. The primary advantage of applying for this type of waiver is to be able to allow the alien to remain in the United States lawfully. The ability to obtain lawful employment authorization and receive the same government assistance as individuals who sought asylum. Attorney Carlos Sandoval can assist you with this petition to legally stay in the United States and obtain work authorization.
