Political Asylum and Refugee Law

At Bagia and Associates, P.C. we assist individuals who are seeking to remain in the United States because they fear persecution in their home country. There are a variety of remedies for individuals who fear persecution in their home country such as: Political Asylum; Withholding of Removal; Withholding of Removal and Deferral of Removal under the Convention Against Torture. Political Asylum is available in and out of removal proceedings while the other remedies are only available in removal proceedings.

Political Asylum is available for individuals who file Form I-589 within their first year in the United States or those who file outside their first year in the United States who can demonstrate that their late filing is due to changed or extraordinary circumstances. To obtain political asylum, an applicant must prove that they have a well-founded fear of persecution in their home country on account of their race, religion, nationality, political opinion, or membership in a particular social group. If political asylum is granted either by USCIS or the Immigration Court, it is for an indefinite period of time and allows for adjustment of status to lawful permanent residency after the first anniversary of the asylum grant.

Withholding of Removal is available for individuals in removal proceedings who can establish that it is "more likely than not" that they will be persecuted in their home country on account of their race, religion, nationality, political opinion, or membership in a particular social group. A person can file for Withholding of Removal at any time as long as they are physically present in the United States and in removal proceedings. Withholding of Removal is not permanent, but it will provide a defense to removal from the United States.

Withholding of Removal and Deferral of Removal under the Convention Against Torture are available to individuals in removal proceedings who can establish that it is more likely than not that they will be tortured in their home country. The term "torture" is a term of art which includes various different human rights abuses. A person can file for Withholding of Removal and Deferral of Removal under the Convention Against Torture at any time as long as they are physically present in the United States and in removal proceedings. Withholding of Removal and Deferral of Removal under the Convention Against Torture are not permanent, but they will provide relief from removal.

It is essential that you have an immigration attorney with expertise and compassion to assist you in seeking protection from the United States government. We have had success with a variety of asylum and withholding claims in the past and will put you in the best possible position to win your case.