US Asylum Publications
23 July 2013
Author: NY Asylum Lawyer Alena Shautsova
Changed Country Conditions
An application for asylum must be filed by within one year of the person’s entry into the US. One of the exceptions to this rule is changed country conditions in the country from which a person is claiming asylum. To invoke the exception, an applicant must demonstrate requiremen ...
15 July 2013
Author:US Asylum Attorney Alena Shautsova
In its recent decision, BIA affirmatively stated that grant of asylum is not an admission under the INA. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013). What significance does this decision have for asylum status holders?
Admission for immigration purposes is a term of art and it implies certain immigrat ...
30 June 2013
Author: Asylum Attorney Alena Shautsova
An applicant for asylum must establish that he or she is a refugee within the meaning of INA § 101(a)(42). To qualify for asylum, an individual must demonstrate that he or she has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or politi ...
25 June 2013
Author: Asylum Attorney Alena Shautsova
In some instances, an individual who does not qualify for asylum may meet the threshold requirements to qualify for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). As declared in Article 3 of CAT, countries do not want to remove an individual t ...
05 April 2013
Author: Asylum Attorney Alena Shautsova
One of the ways to obtain U.S. permanent resident status known as US green card and citizenship is through asylum status. Asylum status can be afforded to an applicant who is unwilling or unable to return to his/her home country due to the fear of persecution or because he/she has been persecuted there befo ...
17 January 2013
Author: US asylum Lawyer Alena Shautsova
Gang violence as a source of persecution is a legal area that may soon come under further judicial scrutiny.
The Wall Street Journal (WSJ) published an article about a case involving an undocumented minor named Josue Rafael Orellana Garcia, who fled from Honduras when he was 17 and illegally entered the Un ...
30 December 2012
Author: US Asylum Lawyer Alena Shautsova
Asylum seekers claim in the US has a burden of proof to demonstrate that she/he was subjected to persecution and/or she/he possess a reasonable fear of future persecution. What amounts to a persecution? It must be noted that in some cases, a lay person would determine that defiantly an applicant deserves as ...
22 December 2012
Author: US Asylum Lawyer Alena Shautsova
United States asylum seekers may qualify for asylum on five grounds: race, nationality, religion, political opinion, and membership in a particular social group. Refugees or asylum seekers are aliens who are unable or unwilling to return to their native country “because of persecution or a well founded fear ...
03 December 2012
Author: US Asylum Lawyer Alena Shautsova
Very often, the laws of the foreign countries do not protect women- victims of domestic violence. If the acts of violence and abuse happened in the US, the protections afforded are quite strong and vary from Orders of Protection to possibility of receiving VAWA based green card, or a U visa. However, may a ...
09 November 2012
Author: US Asylum lawyer Alena Shautsova
Filing for asylum might be confusing for many applicants. This article cannot substitute attorney’s in person advice.
WHEN CAN I FILE FOR AN ASYLUM?
A person may file for asylum after he/she entered the United States and is still in the lawful status; when the status expired; when the person is an EWI (en ...