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New Canaan refugee and asylum lawyerThe Department of Homeland Security (DHS) has begun the enforcement of a new rule for refugees and asylum seekers hoping to gain entry into the United States. The new rule requires that those seeking refugee status in the United States must first seek it in a third country before entering the United States. For example, an individual fleeing Guatemala must seek U.S. asylum in another country such as El Salvador, Mexico, or Honduras. This typically is done through petitioning the U.S. embassy in that country or another American government institution there. The DHS explained that the reason for this new rule is due to the sudden rise of asylum requests on the southern American border, which has caused Immigration and Customs Enforcement (ICE) detainment centers to become overcrowded. The DHS issued this rule as a part of an effort to bring much-needed relief to the system. Additionally, the DHS stated the new standard for asylum seekers is reflective of international laws regarding refugees. 

Why Is the New New Rule Facing Criticism?

Many civil rights groups in the United States disagree with this new ruling. The American Civil Liberties Union (ACLU) has filed a lawsuit against the department claiming that such a rule is unlawful. Others have suggested that the refugee seeking asylum might be returned to the country from which he or she is fleeing by the government of the country in which he or she is living while waiting for the petition to be processed.

The new rule by the DHS is a part of the White House’s broader policy to reduce the amount of illegal, and legal, immigrants gaining access through the southern border. In the past year, not only have individuals from South and Central American Countries come to the U.S. border claiming asylum, but individuals from India and African countries have done so as well. The supporters of the new rule say that it is a necessary national security measure.

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Stamford, CT immigration lawyers

Each year, thousands of asylum seekers come to the United States to seek refuge due to danger in their native country. The U.S. has traditionally been seen as a haven for those fleeing victimization. However, the process of seeking asylum is complicated. Applications are often denied by U.S. Citizens and Immigration Services (USCIS), forcing them to go through what is known as defensive asylum processing with the Executive Office of Immigration Review.

Regardless of what immigration method is chosen when attempting to immigrate to the United States, you want to enlist the services of a dedicated immigration lawyer you can trust. Skilled legal guidance is essential in navigating the difficult and time-consuming processes in place, and the barriers that can serve as a deterrent.

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New Canaan asylum application lawyerYou may be granted asylum in the United States if you have suffered persecution in your home country due to your race, nationality, religion, political opinions, or membership in a certain social group, or if you have a “credible fear” of such persecution if you return to your home country.

U.S. Citizenship and Immigration Services (USCIS) makes a distinction between the terms asylee and refugee. If you are applying for asylum from within the U.S. or at a port of entry, USCIS considers you an asylee or asylum seeker. If you apply from a location abroad, you are considered a refugee applying for admission. This article will only address the issues of asylum seekers.

How a Person in the U.S. Can Apply for Asylum 

If you have already entered the United States, you may be allowed to remain if you meet the criteria for asylum and are deemed admissible to the U.S. You must file Form I-589, Application for Asylum and for Withholding of Removal, within one year after entering the U.S. The assistance of an experienced immigration attorney is recommended, because even a minor error in your application can result in processing delays or outright denial of your request for asylum.

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