Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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Are you seeking to stay indefinitely in the United States because you fear persecution or physical harm in your home country? If so, you may qualify for something called asylum status in the United States. The United States offers a limited number of asylum grants each year to immigrants who may be in danger in their home country. To qualify, you must be in real danger of persecution. That is the government in your home country must be seeking to imprison you or do you harm, or the government must be willing to stand on the sidelines while others do you harm. The persecution also should be for certain traits, which can be broken down into the following three categories:
Race, religion, or nationality. These are often the most common reasons for obtaining asylum status. Since these are inherent traits that a person can't change or control, the United States often considers persecution for these reasons to be just cause for asylum. You may need to show that you are truly facing persecution, such as with documented threats of violence or even pending criminal charges that are based solely on one of these traits. Also, if you are leaving a country where persecution for one of these traits is widespread and well-known, that could also bolster your application.
Political opinion. You can also get asylum based on persecution for political opinion. For example, if you are leaving a nation where dissent or government criticism is banned, then your opinions could be a solid justification for asylum. You will likely need to show proof that you have voiced your opinion, such as through your writing or even through videos that you have made. You should also show that the government has responded to your political expression and has threatened violence or imprisonment.
Membership to special groups. Often, people in some countries face persecution for traits that aren't easily categorized or defined. The United States has a catchall classification for these called membership to special groups. If you're a member of a group that is persecuted and it is impossible or unreasonable to ask you to cede your membership then you may be eligible for asylum. For example, homosexuality can fall under this category. Asking you to stop being homosexual would be impossible and unreasonable, so if your home country imprisons or abuses homosexuals, you may qualify for asylum.
For more information, contact an immigration counseling lawyer like Kriezelman Burton & Associates.
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