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Publications

March, 2011

REMOVAL REMEDIES

Hardship, extreme and unusual, are imperative elements in applications such as Cancellation of Removal, Spousal Abuse, Waivers of Excludability, Asylum, Withholding of Removal, and recourse to the Convention Against Torture.  These cases require corroborative evidence.  If an alien is married to a U.S. citizen or permanent resident, the country conditions of the alien must be demonstrated to determine the extreme and unusual hardship to the U.S. citizen or permanent resident that the citizen or permanent resident would experience in leaving the U.S. to live in the country of the alien spouse.

A refugee is a person outside his country who cannot avail himself of that nation’s protection because of persecution or a reasonable fear of persecution on account of race, religion, nationality, membership in a particular social group or for political opinion.  We have been successful, for example, in obtaining asylum for a gypsy from Hungary because gypsies are singled out by Hungarians where they are severely persecuted, brutalized and attacked.  Similarly Mexicans who openly and publicly declare their fear of the rampant violence in Mexico have a reasonable fear of violence from the police or drug traffickers.  Only in the past month 10% of Mexico’s police officers were dismissed because of colluding with narcotics traders. 

An asylum seeker must prove persecution or a reasonable fear of future persecution.  To prove the likelihood of future persecution if the asylum seeker has not filed within one year, the asylum applicant must prove by a preponderance of evidence that there has been a fundamental change in the circumstances of the country and that even relocation to another part of the asylee’s country would not avoid persecution. 

A pattern or practice of persecution of similarly situated persons on account of race, religion, nationality, membership in a particular social group or of political opinion would be enough to claim asylum for an individual participating or related to one of these groups.

One year filing deadline for asylum seekers
From the date of last admission the clock begins to run.  The clock may be stopped for changed country conditions.  If an applicant asks for an exception to the one year deadline, the application must still be made within a reasonable time. As an example the dire violence in Mexico without the capability of the Mexican authorities to protect its citizens and the corruption of the judiciary has resulted in our State Department’s admonition that Americans should not now travel to Mexico.  An example of a social group for asylum seekers is one of our clients whose family owns a business in Mexico and who have refused to pay protection money to the syndicate.  They were threatened with kidnapping or killing of their children.  They fled to the U.S. They are entitled to asylum because Mexicans whose children have been threatened with kidnapping may be considered a particular social group for purposes of asylum. 

Withholding of removal
For withholding there is no one year deadline.  Only the Judge has jurisdiction in this type of case.  This type of case may be initiated by a request to Immigration and Customs Enforcement (ICE) to issue a Notice to Appear for a removal proceeding.

Withholding requires proof of the probability of persecution.  A demonstration of country conditions is required and if the applicant can show past persecution, then the burden of proof would shift to the government.  This remedy is important for asylum seekers who did not file within the one year deadline.

Convenction against torture
Corruption and inability to counteract countrywide violence has been held to fit under the Convention against Torture.  This remedy would be particularly apt for Mexicans.

Motions to Reopen petitions for review and stays of removal
Petitions for Review to seek Judicial Review must be filed with a Federal Court of Appeals within 30 days after a final order or removal.  A motion to reopen or reconsider is usually filed with the Board of Immigration Appeals.

 

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > March 2011
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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February 2012

DRUG OFFENSES - WAIVERS? OR PARDONS?

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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