Asylum / Withholding of Removal

Immigration Lawyer Serving Charlotte

If you or someone you know needs legal assistance with obtaining asylum or presenting a claim for withholding of removal to a country where your life or freedom could be threatened based on race, religion, nationality, political opinion, or membership in a certain group, contact the Kelli Y. Allen Immigration Law firm for a case evaluation. Charlotte immigration attorney Kelli Allen focuses her practice on immigration and nationality law and has the knowledge and skills to help you achieve your needs and objectives pertaining to these matters.

Asylum

Those who seek asylum must be outside of their home country and in the United States. Asylum seekers must fear persecution by the government in their native country, have been harmed or fear harm by parts of that government, such as right-wing or left-wing groups or political zealots, have been adversely affected by race, religion, nationality, political opinion, or social group, and may not pose a threat or danger to U.S. society by having committed aggravated felonies, war crimes, or pose a security threat to the United States. Even though you apply for asylum in this country, you may not be accepted if you have been convicted of a serious crime elsewhere, have been party to the persecution of others, or pose a security threat. If you file a fraudulent application for asylum and it is discovered by the immigration judge, you may lose your right for any type of relief and will usually be deported. You should consult with the Charlotte immigration lawyer if you have any questions about applying for asylum.

Withholding of Removal

A person who is approved under Withholding of Removal cannot be deported to his or her native country where his or her life or freedom is threatened because of race, religion, nationality, membership in a certain group, or political opinion. To obtain this status, you must demonstrate that a clear probability exists that you will be persecuted if you are forced to return to your native country. This status does not make you eligible for a green card. It also means that you may be deported to another country that will accept you when one can be found.

In order to submit the strongest application for asylum or withholding of removal, it is important that you have a capable attorney handling your case. The legal assistance of the Charlotte immigration lawyer at the firm can make a difference in the outcome of your case.

Contact the Charlotte Immigration Attorney at the firm today if you wish to seek asylum or withholding of removal to your native country due to persecution. We serve clients around the world.

Cancellation of Removal

Cancellation of Removal is a discretionary form of relief which allows an alien to remain in the United States as a lawful permanent resident even though he has been found removable. This form of relief is available for aliens who are already lawful permanent residents as well as those who have no legal immigration status. This form of relief is discretionary on the part of the immigration judge. Before the judge has discretion to grant cancellation of removal, however, the alien must prove that he meets the statutory requirements. The requirements of cancellation for LPRs and non-LPRs vary.

Cancellation for non-LPRs or LPRs not meeting the LPR cancellation requirements:

  • Has been physically present in the United States for 10 years immediately prior to the service of the notice to appear.
  • Has not been convicted of certain enumerated crimes
  • Has good moral character
  • Prove that removal would cause exceptional and extremely unusual harm to a qualifying U.S. citizen or LPR parent, spouse, or child.

Cancellation for LPRs:

  • Have lived in the United States for at least 7 years after admission to the U.S. in any status
  • Has been an LPR for at least 5 years.
  • Has not been convicted of an aggravated felony

ADJUSTMENT OF STATUS

Adjustment of status as a form of relief from removal allows an alien to become a lawful permanent resident during the removal proceedings, without leaving the United States. Although this relief is discretionary with the immigration judge, the alien must usually have been admitted into the country, meet the statutory eligibility requirements for the immigrant visa requested, and have an immigrant visa number immediately available before the judge has the authority to grant adjustment of status.

VOLUNTARY DEPARTURE

Voluntary Departure is a discretionary grant by the immigration judge that allows an alien to depart the United States voluntarily, at his own expense, rather than being ordered removed. This prevents the mandatory bars on re-entry which result from a removal order. If voluntary departure is granted at the master calendar hearing, the judge will normally allow the alien 120 days to depart from the United States. If voluntary departure is granted after another form of relief has been denied, the alien will have only 60 days to depart.