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.
Those who seek
must be outside of their home country and in the United States.
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 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.