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Asylum, Withholding of Removal, and the Convention Against Torture (CAT)

STERN Law handles only exceptional Asylum, Withholding or CAT claims where we identify that there is a unique opportunity to help achieve a successful outcome. We have had success in the Atlanta Immigration Court, but the case took more than 10 years and 4 appeals. These are not easy cases to win.

Under immigration law, a non-citizen may be granted asylum if they qualify as a “refugee.” An asylum applicant must demonstrate an inability to return to their home country because of past persecution or a well-founded fear of future persecution based upon their race, religion, nationality, membership in a particular social group, or political opinion.  Unfortunately, generalized violence or civil unrest in a person’s home country will not be enough for asylum benefits.

To apply for asylum, the applicant must file Form I-589 within one (1) year of their arrival into the U.S.  If filed after one (1) year, the applicant is referred to the Immigration Court for removal proceedings where an Immigration Judge will decide to either grant the application or to deport the applicant. Also, applications denied by USCIS are sent to the Immigration Court.

If approved, the Asylee is eligible for Lawful Permanent Residence after 1 (one) year.

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