Newton MA Lawyer: Political Asylum Issues
At Cashman & Lovely, in Metro West Boston, we understand the pain and suffering that some people endure in their home countries. We know they risk a great deal to travel to the United States for safety, so we serve as trusted advisors in their political asylum matters — helping them achieve positive results that they and their families depend on.
We serve individuals, their children and families, applying for asylum in the United States. We also have the capacity to represent them in appeals when asylum has been denied, and in other related legal matters. Over the years, we have assisted asylees from many countries including Uganda, Democratic Republic of the Congo, Sudan, Somalia, Liberia, Zimbabwe, Kenya, Albania, Moldova, Belarus, Armenia, Uzbekistan, Russia, Romania, China, Cambodia, Cameroon and others.
Whether you are here legally or illegally, you may file for asylum if you are physically in the United States and are not a U.S. citizen or legal permanent resident. Many people apply for asylum at their port of entry — the airport, seaport or border where they came into the United States. Many more apply for political asylum by filing an application for asylum and for withholding of removal.
Political asylum may be granted if you meet the definition of a refugee as stated by the Immigration and Nationality Act (INA). The Act says that a refugee is someone who is unable or unwilling to return himself to the protection of his home country (or sometimes the country of last habitual residence) because of persecution or a well-founded fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion.
In the past few years, Dan Cashman has successfully argued cases in the First Circuit Court of Appeals on behalf of asylum seekers, including Mukamusoni v. Ashcroft, 390 F. 3d 110 (1st Cir. 2004), and Haoud v. Ashcroft, 350 F. 3d 201 (1st Cir. 2003).
Withholding of Removal
Under withholding of removal, an individual is protected by an absolute bar against a forced return to his or her home country. But in order to decide on withholding of removal, the immigration judge must first decide and deny political asylum.
Act Quickly. Contact Cashman & Lovely.
Generally, you must submit an application for political asylum within one year of arriving in the United States. Thus it is important to act quickly and begin working with your lawyer on your asylum application as soon as possible.
If a year has already passed, it is wise to talk to an attorney anyway. Sometimes, it is still possible to submit a political asylum application if circumstances have changed, or if extraordinary circumstances kept you from filing within a year.