Asylum Attorney in Rancho Cucamonga

Asylum Attorney in Rancho Cucamonga

What is Asylum, Withholding of Removal, and CAT?

Asylum:
It is a way to stop your deportation and become a refugee. If you win, you’ll also have the chance to become a permanent resident in the U.S. You can include your spouse and children in this application so that they can also benefit from it. Asylum applications can be done affirmatively or defensively. You should hire a competent Asylum Attorney to help you handled your case because the laws continue change. The requirements for asylum are:

  • Must show that the harm you would face or have faced in your home country is very serious.
  • The government itself or people the government can’t or won’t control will harm you.
  • The people harmed you because of your race, religion, nationality, political opinion, or membership in a particular social group.
  • You would not be able the move to another part of your home country where you would be safe
  • You must apply within one year of entering the United States.
  • You have not been deported in the past.
  • You don’t have an aggravated felony conviction.

Withholding of Removal:
Similar to Asylum; but the big difference is that the risk of harm that you’ll need to show is much higher than it is for Asylum. You’ll have to show that it is “more likely than not” that you’ll be harmed in your home country. That there is at least a 51% chance that the government will harm you. Additional differences are:

  • You will not be able to get permanent residency (a green card) through Withholding of Removal. You will only be able to stay as long as there not another country that is willing to accept you;
  • You cannot apply for your family
  • You can apply for Withholding of Removal even if it’s been more than one year since you entered the United States.
  • You can apply for Withholding of Removal even if you have been previously deported.
  • You can apply for Withholding of Removal even if you have a criminal history.

Convention Against Torture (CAT)
CAT requires showing that it is more likely than not that the government will torture or kill you in your home country. CAT is similar to Asylum and Withholding of Removal.

  • You must show that the government will torture or kill you or that the government will ignore it if someone else tries to torture or kill you.
  • Show a 51% chance of torture, or that it’s more likely than not to happen.
  • Criminal convictions can affect whether you can apply for CAT, if it’s a very serious criminal history, you’ll only be able to apply for one part of the CAT called “deferred of removal.”

If you are looking for an Asylum Attorney or are wanting to apply for Asylum, Withholding of Removal or CAT, give us a call (909) 538-8320 or send us a quick message through our free case evaluation form.