For many immigrants, being sent back to their home country is a fearful thought. Numerous immigrants escape the violence or politics of there homeland and come here for a better life. For some, this involves crossing the border illegally to establish an improved life. But when immigrants are found to be illegal, they risk being deported back to the place they have risked everything to escape. There are ways immigrants, who face removal can avoid being sent back, one of those ways is applying for asylum and withholding removal.
When facing deportation, immigrants have the opportunity to apply for asylum. In order to be granted asylum, it needs to be proven that they are fearful of being sent back due to possible persecution or torture. If an immigrant is able to prove that if sent back to their country they could be killed or imprisoned for their religion, race, politics, nationality, or any other reason, then they will be granted asylum. During this process, the immigrant would also apply to withhold removal, which would allow them to stay in the country for the current time.
The first step in this process would be filling out the I-589 form, which is essentially the application for asylum. It is wise to find a knowledgeable immigration attorney, like us, to work through the application. It is crucial to have facts and evidence within the form when explaining the case for staying. On this form, the immigrant needs to be able to prove that being sent back will put their lives in danger.
Once the form has been filled out, the immigrant and their attorney would work to come up with a compelling case to put in front of the judge. It is once again important to have facts, evidence, and witnesses when explaining the case to the judge. Witnesses who can testify about the dangers of the country, articles explaining what is happening in the country that would make it a danger, and dates that can correspond with the case are all important.
Once the case has been delivered to the judge at the Immigration Court, the judge will likely give their verdict at the end of the hearing. If approved, the immigrant would be allowed to stay and work in the country indefinitely. If unapproved, the immigrant could appeal the decision and try to get the verdict reconsidered. There will also be a Department of Homeland Security representative in court, as they are the ones who are responsible for the removal. They too can appeal the judge’s decision, if they believe the immigrant doesn’t have grounds for staying.
After the final decision and any appealing from either side have been put to rest, the immigrant will no longer face removal and will be able to live their life in the United States. If you or a loved one is going through being removed from the United States call our Reno law firm at (775) 210-1501. We have experienced immigration attorneys who will help you through the entire process.