Latest Updates On Asylum

The “El Show Sin Fronteras” live stream was hosted today by Karla Arévalo, Fidel Campuzano, and attorney Kate Lincoln-Goldfinch.  Should you have any questions regarding your case in future broadcasts, please contact us at (855) 502-0555. The purpose of our program is to make all information related to immigration and legal procedures available to the immigrant community in a more accessible way and in Spanish. Today we focused on the latest updates in the Asylum process.

Definition Of Asylum

Sometimes people who decide to cross the border and/or stay in the United States do so seeking protection. Either because they are suffering or fear persecution because of their race, religion, nationality, political opinion, or because they belong to a certain social group. In these cases, it is possible to file an Asylum application that would allow these individuals and their family members (spouse and children) to remain in the country.

There are two different types of cases that can be filed: Affirmative Asylum and Defensive Asylum. Affirmative Asylum is requested by a person who has entered illegally without being apprehended by the authorities or who has entered legally using a Visa. This application is submitted and an interview with an Asylum Officer will take place; these applicants are not brought before the Immigration Court.

This is different from Defensive Asylum where the applicant was caught and is in Deportation Proceedings. These individuals have the opportunity to prove that they are afraid to return to their country of origin because they have suffered or fear persecution for the reasons mentioned above.

Domestic Violence & Illegal Groups Violence

For some years now people who have been victims of domestic violence or families who have been threatened by violent groups or gangs had the possibility to apply for Asylum. The argument behind this type of application was that “women who cannot leave their marriages” or “the Valenzuela Family”, for example, were protected social groups within the asylum policy. Unfortunately, the Attorney General, under the previous administration, modified the regulation indicating that the above-mentioned victims did not qualify as protected social groups.

For a while, it was very difficult, almost impossible, to win these types of asylum cases. However, the Attorney General under the current administration has reversed these previous modifications, benefiting many applicants from Central America. A large number of cases filed by natives of Mexico, El Salvador, Honduras, among others, are based on violence by illegal groups.

Regulation Updates

Regarding the most recent updates on Asylum Petitions, Attorney Kate informed us about the change ruled by the Attorney General, which is directed for Asylum cases that are referred to the Court of Appeals. It states that the Court of Appeals cannot rescind the decision and start the case over. In turn, they must focus only on the issue that was decisive for asylum eligibility. This change affects people who have lost their cases, or who have won their cases, but it is the State who decides to appeal the decision.

Questions From Our Viewers

This question came from Facebook:

“Can my employer fix my status?”

In general, people who are in the country illegally, who have been working for more than 6 months without a proper permit, are going to have problems trying to adjust their status based on employment. This is because according to the law governing employment-based visas, you must obtain a waiver for unlawful presence in the country, which can be obtained through a family member (parent, spouse) who is a Permanent Resident. So if you have a family member who qualifies for this, as attorney Kate explained to us, it will be easier to adjust status through the family member than through an employment-based immigration process.

If it is the case of a person who is either outside the United States or inside the country but on a work visa and wants to adjust status, it is different. There are several visas that can be considered in the case of professionals, such as the H-1B Visa, the L-1A Visa or a TN Visa. Attorney Kate mentions that it is important in the case of these types of visas to find an employer who is willing to carry out this process.

One of our followers asked us:

“When is it a good time to file for DACA renewal if it expires in late April?”

In case it has already expired in April 2021, Attorney Kate advised filing the renewal application as soon as possible, considering also the latest ruling issued by Judge Hanen. It is important to plan ahead, so if it expires in April 2022 there is still time to file the renewal application; Fidel agreed with attorney Kate that it would be best to submit it about 4 to 6 months before the expiration.

The following question was sent to us by one of our listeners:

“Can someone who is applying for Asylum apply for any Visa or get any permit for their parents?”

Unfortunately, the possibility of including family members as beneficiaries does not exist, however, the current administration has announced a program in which parents will be able to include their children within the petition and perhaps be able to bring them to the U.S. under a type of “Conditional Presence” during the time it takes to process the cases.

As for the parents, since they are of legal age, they can file their Asylum application independently if they feel equally threatened or in danger in their home country. Currently, the northern border of Mexico is closed to families and adults seeking asylum, so attorney Kate advises against doing so at this time, and also mentions that there are many refugees living on the border right now.

Karla read us a question from one of our Facebook followers:

“I got my citizenship a month ago and I would like to petition my mom but she has Alzheimer’s disease and [is] not able to communicate like before, can I petition her even though she can’t speak?”

As indicated by attorney Kate, it is not necessary for the relative of the inquirer to be able to speak in order to file a petition. It is necessary to know more information about the situation, such as where she is, who is caring for her, or whether she is in the United States. It would be different if she had to answer questions about the Government and the Constitution as if she were applying for Citizenship, but in this case, there is a different process for applying for Permanent Residency.

If you have additional questions about immigration processes, or if you are in a difficult financial situation due to outstanding debts, do not hesitate to contact us for a free consultation at (855) 502-0555. In 10 minutes we will tell you what options you have in your case and we can also inform you about the migratory relief we have available. You can also follow us on our social media platforms Facebook, Instagram, TikTok and YouTube.

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