Is a legal figure used to protect people who are afraid to return to their country because they have been persecuted or believe they will be persecuted in the future. Asylum is one of the most important and valuable figures that the United States has to offer. Asylum is the request a person, who has left their country and is in the United States, makes to the government for protection because they have been or will be persecuted in their country of origin or residence because of their political opinion (or perceived political opinion), their religion, their gender, their national origin or because they belong to a particular social group. Please note that persecution for asylum purposes is something serious that goes significantly beyond harassment. To see if your case is one where filing an asylum is possible talk to an experienced attorney.
Just as asylum is an important figure IT IS ALSO ONE OF THE MOST DIFFICULT IMMIGRATION BENEFITS TO OBTAIN. For this reason, before you file for asylum in the United States make sure to talk to an immigration lawyer that has handled asylum cases both before Immigration and the Immigration Courts. IMPORTANT: IF YOU FILE FOR ASYLUM AND YOU ARE NOT IN STATUS (YOUR STAY IN THE U.S. HAS EXPIRED) YOU WILL BE PLACED IN REMOVAL PROCEEDINGS AND YOU WILL HAVE TO PRESENT YOUR CASE BEFORE AN IMMIGRATION JUDGE.
TYPES OF ASYLUM
Asylum cases can be divided into proactive or defensive cases. Proactive cases are those that are filed by a person directly with USCIS (Immigration). These cases do not involve deportation and present USCIS with the persons case. When filing a case THIS IS THE TIME YOU NEED TO BEST PRESENT YOUR CASE. This means that you should review what you are presenting carefully and make sure that it a legally viable case – not something made up and facts under which an asylum would be granted. Just because you are afraid to go back for any reason or you passed a credible fear interview it does not mean you will get asylum.
Defensive asylum cases are those that are presented by a person who is being deported from the United States in order to avoid being sent back to their country. These cases are presented before the immigration judge and follow the same rules as those presented with USCIS. The difference here is that your case will be heard by a Judge and a Trial Attorney representing ICE. In other words, it will be different than a defensive case application that is only heard by an asylum officer. Remember to always use lawyers who can represent you in court. Notarios, “friends,” or paralegals cannot appear before a Court and may not represent you in your case. This is a BIG problem.
Finally, remember that all asylum cases must be filed within one year of a person’s entry to the United States. If you want to file beyond that period you must demonstrate that filing was almost impossible for you during the period between your arrival and the filing of your case. Remember that you should always consult with a lawyer when dealing with an asylum case.
Our Immigration Services
Who is Subject to Deportation?
Filing a Waiver to Avoid Deportation
Depending on your immigration status and the crime you are charged with, you may be able to avoid deportation by filing for a waiver of the grounds of removal. In considering whether to grant a waiver, an immigration judge balances the positive equities, such as family ties, employment history, and rehabilitation against the criminal conviction. As your attorneys we will appear with you before an immigration judge and will zealously represent you and fight to avoid deportation.
If the immigration judge denies your deportation waiver, our attorneys can file a petition to review your case before the Board of Immigration Appeals and U.S. circuit court of appeals.
The Deportation / Removal Process
Why You Need an Attorney?
Immigration Consequences of a Criminal Conviction
What Criminal Convictions Subject a Non citizen to Deportation?
There are many crimes that would subject a non-citizen to deportation. Here are some examples:
Fraud or theft crimes with loss greater than $10,000 (sometimes fraud or theft offenses are called “crimes of moral turpitude,” since they reflect on your moral standards)
- Gun charges
- Drug offenses
- Money laundering
- DUI that results in injury of another person
- Felony assault and battery
- Crimes of domestic violence, even if the charge is misdemeanor battery
There is no guarantee that a criminal defense attorney who doesn’t have a background in immigration law will know the immigration consequences of a conviction. One of the most valuable services that Alaska Immigration Law Group provides is an initial consultation to review your criminal case and explain the immigration consequences.
Getting Released from Detention
When Your Case Has Been Denied
Helping You to Become a U.S. Citizen
Citizenship/naturalization is the legal process by which an immigrant becomes a U.S. citizen. If you would like to obtain U.S. citizenship for yourself or your child, we can help you every step of the way.
While one does not need the services of an attorney to become a U.S. citizen, an experienced attorney’s help can make sure the citizenship process is done correctly the first time and avoid delays or requests for evidence from USCIS as a result of missing documentation or an improperly filed application. A lawyer may also be able to help you overcome obstacles to immigration such as a past criminal conviction. A non-citizen’s past criminal record, no matter how far back in time it occurred, can bar an individual from naturalization and may lead to commencement of removal proceedings and the loss of permanent residence.
The ultimate goal for many immigrants to the United States is to obtain permanent residence. One way to reach that goal is to have a family member who is already a U.S. citizen or permanent legal resident sponsor and file an immigrant petition. These include spouses and children of U.S. citizens and permanent residents, and parents and brothers and sisters of U.S. citizens.
With the exception of immediate relatives — that is spouses, children, and parents of U.S. citizens — a limited number of family-based visas are available each year. As experienced immigration attorneys with years of experience guiding families through the immigration process we can review your case, file the proper petition and give you an honest appraisal regarding the outcome of your case. Mr. Olano, one of our attorneys, concentrates his practice exclusively on immigration law
Requesting a Prosecutorial Discretion
Helping You Obtain H-1B Temporary Visas
Helping Immigrants Get Out of Detention
What is Deferred Action for Childhood Arrivals (DACA)?
Deferred action is a discretionary grant of relief by the Department of Homeland Security (DHS). It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law.
Over the past three years, this administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system. The DHS continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders.
However, the DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as young children and those who meet other criteria. If you came to the United States as a child, are presently in high school, or already graduated, Our attorneys can guide you through the process of obtaining a deferred action, assist you with getting employment authorization and help with other immigration issues.