Tag Archives: POLITICAL ASYLUM

Domestic Violence and Political Asylum

Recent Landmark Victories in the Struggle for U.S. Immigration Laws to Recognize and Fully Protect  Human Rights Of Women:

To  be eligible for political asylum in the United States an  individual must establish that he or she is a refugee under the  Immigration and Nationality Act.  He or she must be outside his or her  country of nationality, and be unable or unwilling to return to that  country because of past persecution or a well-founded fear of future  persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The applicant must prove that the feared persecution is either by the  government or by groups or individuals the government is unable or  unwilling to control.

 

Under Matter of L-R- (2010) and Matter of R-A- (2009), victims of domestic violence can  establish eligibility for asylum as members of a “particular social group”

 

 

 

If you have been a victim of domestic violence in your home country and wish to apply for GENDER BASED asylum green card in the United States you might be eligible.

 

For more details and consultation on your situation please contact me for an appointment and a confidential consultation.

 

HUMA KAMGAR, ESQ.,

305 BROADWAY

14TH FLOOR

NEW YORK, NY 10007

CALL: 212-323-6887

 

VISIT: http://www.asylumanddeportation.com/

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WHAT IS GENDER BASED ASYLUM?

 

WHAT IS GENDER BASED ASYLUM?

 

Since the mid-1990s, there has been increasing attention paid to the fact that many women around the globe experience gender-specific types of persecution, and that they could qualify for refugee protection under U.S. law. Gender-based persecution (MISTREATMENT) includes practices such as:

  • Human Trafficking for Prostitution or
  • Sexual Slavery
  • Domestic Violence
  • Female Genital Cutting (FGC)
  • Forced Marriage
  • “Honor” Killings
  • Forced Abortion or Reproductive
  • Sterilization
  • Rape and other Sexual Violence

As more gender-based asylum claims are raised in the U.S., immigration judges and the courts have been forced to confront a range of issues related to persecution that is unique to women and girls, as well as other groups such as gays and lesbians, children, and the disabled. Women fleeing gender persecution often arrive in the U.S. only to be told that they do not qualify for asylum, and that they will be forcibly returned to the very countries from which they have fled for their lives.

 

BASED ON A RESEARCH CONDUCTED AND COMPLILED BY  CENTER FOR GENDER AND REFUGEE STUDIES (CGRS):

 

At least one out of every three women around the world has been beaten, coerced into sex, or otherwise abused in her lifetime—usually by someone known to her. Each year, an estimated 700,000 to two million women and girls are trafficked internationally—many for sexual exploitation. Women account for nearly half the 40 million people living with HIV/AIDS worldwide; in sub-Saharan Africa 57% of adults with HIV/AIDS are women. It is estimated that about 130 million women worldwide have undergone female genital cutting (FGC), with an additional two million girls and women undergoing the procedure every year. Out of 550 million working poor in the world, an estimated 330 million are women. Two-thirds of the world’s 875 million illiterate adults are women, and half of the children in the world who are not in school are girls.

 

THE LAW:

 

Under international and United States law, a refugee is defined as a person with a   “well-founded fear of persecution” for reasons of race, religion, nationality,   political opinion, or membership in a particular social group. Based on this language, the   refugee definition is commonly understood to include three essential elements:

(1) there must be a form of harm rising to the level of persecution, inflicted    by a government or by individuals or a group that the government cannot or will not    control;

(2) the person’s fear of such harm must be well-founded — the U.S.    Supreme Court has ruled that a fear can be well-founded if there is a one-in-ten    likelihood of its occurring;

(3) the harm, or persecution, must be inflicted upon the person for reasons related to    the person’s race, religion, nationality, political opinion or membership in a    particular social group (the nexus).

The international definition of “refugee” has been interpreted primarily in   the context of male asylum-seekers, to the prejudice of women refugees. A classic image of   a refugee is that of the male political dissident, e.g., Andrei Sakharov of the former   Soviet Union, who was persecuted for denouncing totalitarianism. In such a case an   adjudicator has little difficulty recognizing that the harm suffered amounts to   persecution and that it was related to one of the five grounds.

The claims of women asylum-seekers often differ from those of men in several respects.   First, women often suffer harms which are either unique to their gender, such as female   genital mutilation or forcible abortion, or which are more commonly inflicted upon women   than men, such as rape or domestic violence. Second, women’s claims differ from those   of men in that they may suffer harms solely or exclusively because they are women, i.e.,   as a result of their gender (such as the policies of the Taliban in Afghanistan). And   third, women often suffer harm at the hands of private individuals (such as family members   who threaten them with “honor killings” or abusive spouses who batter them),   rather than governmental actors.

The distinctions between the more traditional claims of male asylum seekers, and those   of women, have often adversely impacted women asylum-seekers. Decision-makers often fail   to recognize that harms unique to women — such as forced marriage or honor killings   — may constitute persecution. They are also resistant to the developing jurisprudence   which recognizes that harms inflicted primarily because of gender may come within the   protection of international or domestic refugee law, and that persecution at the hands of   private actors can form the basis of refugee protection where there is a failure of state   protection.

These developing international human rights and refugee norms provide a basis for   extending protection to women asylum-seekers regardless of the distinctions between their   claims and the more traditional claims of male applicants. The United Nations High   Commissioner for Refugees (UNHCR) has provided guidance in   cases of women asylum-seekers and immigration authorities in Canada, the United   States and Australia have  all issued guidelines for   adjudicators .

Notwithstanding these developments, the claims of women asylum-seekers continue to meet   denials due to erroneous interpretations of the refugee definition by decision-makers, as   well as a fundamental lack of understanding of the applicable human rights norms and the   relevant country conditions.

 

The United Nations High Commissioner on Refugees (UNHCR) and other U.N.  bodies have recognized and attempted to address the intersection of  gender-based violence and forced displacement since the 1980s.The UNHCR Executive Committee (EXCOM) first issued formal  recommendations regarding expansion of the refugee definition to include individuals who have experienced sexual violence or other  gender-related forms of persecution in 1991: Office of the United  Nations High Commissioner for Refugees, Guidelines on the Protection of Refugee Women, U.N. Doc. ES/SCP/67 (1991). The agency issued more comprehensive guidelines in 2002: UNHCR, Guidelines on International Protection: Gender-related persecution within the  context of Article 1A(2) of the 1951 Convention and/or 1967 Protocol  relating to the Status of Refugees, UN Doc. HCR/GIP/02/01, 7 May  2002. The UNHCR Executive Committee has also exhorted states to develop  and implement domestic criteria and guidelines regarding protection for women who claim refugee status based on a well-founded fear of gender-related persecution. Several receiving states have since either enacted such guidelines or  have amended refugee and asylum legislation to instruct adjudicators to  recognize gender-based persecution as a potential ground for refugee  protection.

 

IF YOU ARE A WOMAN AND YOU THINK YOU SUFFERED MISTREATMENT OR SUBJECTED TO INHUMAN TREATMENT OR OPPRESSED IN YOUR HOME COUNTRY AGAINST YOUR WISHES SIMPLY BECAUSE OF BEING A FEMALE YOU MIGHT WANT TO EXPLORE THE POSSIBILITY OF APPLYING FOR ASYLUM IN THE UNITED STATES. IF GRANTED ASYLUM IN THE UNITED STATES THEN YOU WILL BE ABLE LIVE AND WORK OR STUDY LEGALLY IN THE UNITED STATES AND ALSO APPLY FOR A GREEN CARD AFTER ONE YEAR.

 

FOR MORE INFORMATION AND CONFIDENTIAL CONSULTATION CONTACT IMMIGRATION ATTORNEY :

HUMA KAMGAR, ESQ.,

305 BROADWAY 14TH FLOOR

NEW YORK, NY 10007

CALL TODAY FOR AN APPOINTMENT AND CONSULTATION

212-323-6887

 

VISIT:  http://www.asylumanddeportation.com/

 

 

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APPLY FOR POLITICAL ASYLUM HERE:

The term POLITICAL ASYLUM technically refers to people who fear persecution based on political beliefs. However, asylum can be granted for a broader range of reasons, including that the person faces persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

The better option is to file an affirmative asylum application, using USCIS Form I-589. You must submit this form within one year of your entry to the United States — or at the latest, one year after your visa status ends. (See an attorney if you’re thinking of applying for asylum and that date has passed — some exceptions apply, for example 
if the situation within your country changed after the one-year mark.)

You may apply for asylum regardless of your current immigration status. In other words, unlike in other categories of immigration benefits, it will not matter that you entered the U.S. illegally or are living there illegally now.

After submitting your I-589 application for asylum, with supporting documents, the application will be processed and two months later, you will be requested to attend an interview with an Asylum Officer. The Asylum Officer will review your case and ask numerous questions, designed to both test your credibility (whether you’re telling the truth) and whether you truly deserve asylum. It will be necessary for you to answer these questions truthfully and openly about any persecution or abuse suffered. The job of the Asylum Officer is listen to the facts surrounding your petition, and decide whether to approve asylum within the United States.

If the Asylum Officer does not approve your case, and you do not appear to have valid legal status in the U.S., the officer will refer it to an immigration judge. If you are here legally, the Asylum Officer will grant you time in which to provide additional information before the application is denied.

If You’re Picked Up By Immigration Authorities Before You Have a Chance to Apply

You might never get the chance to submit an affirmative asylum application if the immigration authorities arrest you first. In that case, you will likely be placed in removal proceedings, and have a hearing before an immigration judge. You can submit your application for asylum to the court at that time.

After Asylum is Granted

If asylum is granted, you will need to remain within the United States for one year before you can apply for permanent residency (a green card).

If you are not sure about the procedure and wish to increase your chances of getting your political asylum case approved CONTACT NYC IMMIGRATION ATTORNEY HUMA KAMGAR FOR AN APPOINTMENT TODAY!

HUMA KAMGAR, ESQ.,
305 BROADWAY, 14TH FLOOR
NEW YORK, NY 10007
CALL NOW FOR AN APPOINTMENT:
212-323-6887
VISIT:
www.asylumanddeportation.com

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