Refugee & Asylum Attorneys in Raleigh, Asheville, & Charlotte, North Carolina
If you or someone in your family is in the United States and needs help with an application for asylum or other humanitarian relief to prevent deportation, the experienced immigration law attorneys at Fay & Grafton in Raleigh can help.
Our Experienced Immigration Lawyers Will Help You Navigate The Process
Asylum is a special status a person can apply for if he comes to the United States seeking protection from persecution because of his race, religion, nationality, membership in a particular social group, or political opinion. In order to be granted asylum status, one must prove that he suffered this persecution in the past or that he has a well-founded fear of future persecution if he returns to his home country.
While some exceptions may apply, including changing country conditions, generally an asylum application must be filed within one year of entering the United States. (Otherwise, one may seek limited protection in the form of withholding of removal or relief under Convention Against Torture (CAT) if he or she is in removal proceedings and fears returning to his or her home country.)
There are two kinds of asylum – affirmative and defensive. Affirmative asylum is filed with United States Citizenship and Immigration Services (USCIS) before a person is placed in removal proceedings for violating his or her visa. Defensive asylum is one where one seeks to defend themselves from removal proceedings by filing for asylum before an immigration judge. If asylum is granted, one becomes an asylee for one year and can then apply for lawful permanent residence. Qualifying family members may derive asylum status.
Advocating For Humanitarian-Based Immigration
Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Department of Homeland Security (DHS) announced that people who came into the United States before they were 16 years old and meet other listed criteria may be eligible to apply for Deferred Action. Deferred Action is a type of discretion used by DHS, which relieves the threat of deportation for two years and allows an individual to have a work permit. In order to qualify for Deferred Action for Childhood Arrivals, you must:
- Have been under the age of 31 on June 15, 2012
- Entered the United States before turning 16 years old
- Have continuously resided in the United States since June 15, 2007
- Have been physically present in the United States on June 15, 2012
- Have no lawful status on June 15, 2012
- Be currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
- Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors
- Not pose a threat to national security or public safety
Temporary Protected Status
Certain countries are designated by DHS for temporary protected status. If a country is designated, it allows citizens of that country who were present in the United States before a certain date, and who otherwise qualify, to apply for a work permit and temporary protection from removal (deportation). Initial applications must be filed before a certain date and must be timely renewed, with limited exception. An individual may not be eligible for temporary protected status if he or she has been convicted of a felony or of three or more misdemeanors.
Advanced Parole
Advanced Parole is a document given to persons who are in the process of adjusting their status, have been granted TPS, have been granted asylum, have been admitted as a refugee, or have an emergency reason to travel. This document allows the applicant to leave the United States and come back into the United States. A person must apply for Advanced Parole and the application must be approved before the person leaves the United States. Advanced Parole does not waive any grounds of inadmissibility, however, so it is important to discuss your case with a qualified immigration attorney before applying for Advanced Parole. In certain circumstances, if a recipient of Deferred Action for Childhood Arrivals (“DACA”) or Temporary Protected Status (“TPS”) travels on Advanced Parole, he may become eligible for adjustment of status even if he originally entered the United States without admission or parole.
Humanitarian Parole
Humanitarian Parole may be issued to a person who is otherwise inadmissible based on urgent humanitarian reasons or if there is a significant public benefit. Humanitarian parole may be granted for a period of time that corresponds with the length of the emergency or humanitarian situation. Contact Fay & Grafton if you want to discuss your case with an experienced immigration attorney.
Stay Of Removal
When a person has been ordered removed from the United States, it is possible to get the execution of the removal order postponed. One of the ways to do this is to file an application for a stay of removal and have it granted. A stay of removal may be granted at the discretion of the Department of Homeland Security (“DHS”) if there are sympathetic family, health and economic factors and the case is not one of high enforcement priority. A stay of removal can be used to postpone a previous order of removal that DHS is seeking to reinstate.