Asylum offers foreign nationals protection from persecution in their home country due to their race, religion, nationality, membership in a particular social group or political views. The attorneys and professionals at CHUNG, MALHAS & MANTEL, PLLC are prepared to assist you through the complex process for obtaining asylum.
Asylum is available to any individual regardless of his or her home country, and even if he or she has entered the U.S. illegally. The application for asylum is submitted directly to the federal government, and requires substantial evidence to support a “well-founded fear” that they have suffered or will suffer persecution based upon race, religion, nationality, membership in a particular social group or political view. Generally, the application must be submitted within the first year of the foreign national entering the U.S. Once asylum is granted, employment authorization is possible if certain criteria are met, and asylees may apply for a green card one year after being approved for asylum. Moreover, the asylee can travel overseas, with some restrictions.
Withholding of Removal
To be granted Withholding of Removal (WOR), the applicant must show that he or she “more likely than not” will face persecution based on race, religion, nationality, membership in a particular social group, or political opinion if returned to his or her country. Foreign nationals who are granted WOR have the right to remain in the U.S. and work legally; however, unlike asylum, WOR does not offer a path to permanent residence, and if he or she travels outside the United States, they will not be permitted to return.
Convention Against Torture
Foreign nationals who fear that they would be tortured either directly by their government or with the acquiescence of their government if returned to their country of origin may qualify for relief under the Convention against Torture Treaty. The applicant must prove that it is “more likely than not” he or she would face torture.
Let us at CHUNG, MALHAS & MANTEL, PLLC help you to protect yourself and your freedoms and beliefs. Call us today at (206) 264-8999 for a consultation.
Languages spoken by our professional and support staff include Arabic, Berber, French, Hebrew, Japanese, Mandarin Chinese, Russian and Spanish.