REMOVAL DEFENSE ATTORNEY IN NEW YORK : YOUR LEGAL GUIDE THROUGH SITUATIONS THAT COMPLICATE ASYLUM CASES

REMOVAL DEFENSE ATTORNEY IN NEW YORK

 

https://gehilaw.com/removal-defense-attorney-in-new-york/

Some asylum applications are simple. The asylum seekers just need to apply within a year of arriving in the US. They also must have been seriously persecuted in the past, with proof to back it up and never broken any laws in the US or their home country.  These cases are usually easy to handle and, with the right prep with a REMOVAL DEFENSE ATTORNEY IN NEW YORK, they have a good shot at success.

But, a lot of times, things aren’t so clear-cut. When someone’s asylum claim has problems that might make it look less solid, it is important to tackle those issues head-on.

Asylum Officers, Immigration Judges, and DHS lawyers will be on the lookout for these problems and will ask you about them.

So, it is best if the person applying brings up these issues first so they can fully explain the situation. A removal defense attorney in Richmond Hill can help you provide this explanation.

There are certain issues that pop up a lot in asylum cases with certain unique situations and need extra thought and work.

How getting married affects your asylum case

When you are getting ready to argue that someone’s sexual orientation is the reason they are seeking asylum, it is key to show that the person is lesbian, gay, or bisexual.

This can be done with affidavits, letters, and/or statements from current or past romantic partners. Including proof that the person is part of LGBTQ groups can also help. And, of course, their detailed and convincing stories about their romantic feelings are super important.

But what if the person is or was married to someone of the opposite sex? Will that kill their case for asylum based on sexual orientation? The answer, as with most asylum cases, is that it depends.

For bisexual people, being married to someone of the opposite sex is totally okay with their sexual orientation—but you might need to remind the judge of this. A removal defense attorney in Richmond Hill can help you do this.

In other cases, it is important to realize that this marriage will be a big deal, and you should get ready to talk about it openly with your removal defense attorney in New York.

• Getting married in your home country.

Marriage in their country could prove that one is gay in the first place, especially in instances where one’s family had compelled them to marry, hoping this would make them change their sexual orientation or with a view to disguising their gay relationships.

If they married and later divorced, letters from their ex-partner, friends, or therapists can support this fact. The more details they provide about marriage and how serious they were, the better.

It will be great to have a mental health expert, like a psychiatrist or psychologist, present an opinion. A removal defense attorney in New York can help you with this and more.

• Getting married to someone within the US.

Marriage is a big issue in the US when it comes to asylum seekers. Many marry someone of the opposite sex, perhaps to overcome same-sex attraction or to please the family.

But without a great deal of social pressure, it is hard to understand precisely why they married in the US. They may have to go to a mental health professional where they must explain why they married and what their frame of mind was at the time.

If they married a US citizen or someone who can live in the US just for a “green card” in which they did not have true love, they need to be honest.

Informing them that this is considered lying about their immigration status may lead them to believe they will be ineligible for asylum and perhaps be required to prepare to fight removal proceedings.

They may not want to apply for asylum at all if they have previously lied about their immigration status. Be truthful, corroborate the applicant’s sexual orientation, and show that you are a good person. You can achieve this with the help of a removal defense attorney in New Amsterdam.

Asylum for bisexuals

Normally, bisexual people talk about how much ill-treatment they have faced in the past because of their identity, not because of being gay or lesbian.

Most decision-makers granting asylum to an individual are curious about their bisexual identity. This is more so when they feel the applicant has perhaps chosen a partner of the opposite sex for their protection from persecution.

However, granting asylum to a person for or against their bisexual identity would depend on the case. How the mental health professionals will testify will also count. A decision can be made to be probably founded based on past poor experiences that an individual had with such a kind of situation.

Several trips to your home country:

People who run away from their home countries often come to the US because they are being treated badly there. But their lives might not be as simple as that.

LGBTQ/H folks, in particular, fear being treated badly and might go back to their home countries before their time here runs out, especially if they are living with HIV and need their meds.

The person deciding their case wants to know why they are scared to go back home, because it might not be safe there. The Ninth Circuit has considered this before, but they haven’t said that just going back to their home country means they won’t be treated badly in the future.

A removal defense attorney in New Amsterdam could help you talk about why you are scared to go back. This includes your worries about being treated badly if you have a romantic partner or try to find one.

They might also say that by not going to the doctor, they were able to hide their HIV status, which would be hard to do if they went back home.

How criminal issues affect asylum cases?

The intersection of criminal and immigration law is very complex. Asylum applicants must understand how their past crimes might be used against their eligibility for asylum and ability to stay in the country.

Asylum applicants are expected to candidly discuss their criminal history when filling out the I-589 form. This is especially about any serious crimes.

They are being fingerprinted multiple times throughout the process, and when they do get arrested here in the US, DHS will most likely get to know about that record.

People who cannot get asylum or stay in the country because of their criminal history are those people who have been convicted of a “particularly serious crime.”

For asylum, a person who has been convicted of an aggravated felony is ineligible to get asylum. To stay in the country, if they have been in jail five years or more, they will be ineligible to get asylum if they have committed a “particularly serious crime.”

The leading case on what amounts to a “particularly serious crime” is Frentescu. Applicants must show that they are truly entitled to asylum. It is important to explain the whole crime in detail and demonstrate better changes in themselves. A removal defense attorney in New Amsterdam can help you explain better.

Those who cannot be granted asylum or allowed to stay in the country because of their criminal record may have committed a serious crime in their home country or anywhere else. One has every reason to ask about the alien’s criminal history before arriving in the US.

Other issues that may complicate asylum cases :

A removal defense attorney in Rosedale, Queens, will talk to asylum seekers about whether they worked for the government in their home country. This could make their claim of being an asylum seeker based on sexual orientation less believable.

Usually, the main problem for people applying for asylum is either being abused by the police or military or not being protected from harm by private people. Being a government worker shouldn’t make someone ineligible for asylum, but the person deciding their case might consider this.

If the applicant didn’t tell their employer about their LGBTQ identity, gender, or HIV status, the person deciding their case might wonder how the police, people on the street, or anyone who might hurt them would find out about their LGBTQ identity.

Also, a removal defense attorney in Rosedale, Queens, will get asylum seekers ready to talk with the person deciding their case. If someone came to the US without a visa through the Visa Waiver Program (VWP), their case will be heard by an Immigration Judge who is only dealing with asylum cases.

Furthermore, having two nationalities can make it harder to get asylum in the US. This is because it is seen as a last resort to avoid being persecuted. If there is a safer place for the person to go in another country, the US might send them back.

For instance, someone with dual citizenship from the Dominican Republic and Spain might have a tough time getting asylum because Spain treats LGBTQ/H people fairly.

But someone with dual citizenship from the Dominican Republic and Haiti might have a better chance if they are being persecuted in the Dominican Republic but need to show that it is unsafe for LGBTQ/H people in Haiti.

Get help!

Getting asylum in the US comes with a lot of challenges. This is especially when you have a unique situation that may complicate the entire process. However, your situation is not hopeless. You just need to make the right decision to hire an experienced removal defense attorney in New York from Gehi and Associates.

At Gehi and Associates, we understand the intricacies involved in different kinds of asylum cases. We have hands-on experience dealing with these applications successfully. So, you can take advantage of our wealth of experience and trust us to guide you. Connect with us today!