Archive for the ‘Political Asylum’ Category

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Political Asylum

August 8, 2012

One common cause for Illegal Immigration among immigrants is a fear for one’s own safety based on a reasonable threat from their native country. In this situation, it is possible for an immigrant to be granted what is called political asylum.

In order to help immigrants escape the threat of persecution and oppression, The United States enacted "The Refugee Act"; which states that political asylum may be granted to those who have a well-founded fear that returning to their native country will result in persecution, or violence.

Political Asylum does not apply to those that have committed crimes in their native country and wish to evade justice, but instead was enacted to assist those facing persecution related to race, sex, religion or nationality.

Professional Assistance

Obtaining legal citizenship in The United States can be a daunting task, filled with many legal obstacles. If you or a loved one is seeking assistance from an experienced Immigration attorney in New York, contact Susan B. Henner at (914)358-5200 for a free consultation or more information.

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Immigrants and US Healthcare

July 13, 2012

Now that the Supreme Court is upholding the national health care law, it is important that immigrants know how it will effect them. Undocumented immigrants will not be able to participate in the new mandate. However, if you are a legal immigrant with a valid Green card then you are subject to the mandates requirements and must obtain health insurance in 2014.

Immigrants that are in the US via student visas and some work visas are not eligible due to their "nonimmigrant" status and will not be subject to the individual mandate. Documented immigrants must live within the United States for a total of 5 years before they are eligible for Medicaid, with exceptions for asylees and refugees and those who fall within poverty guidelines.

Citizenship

Once the new health care bill is fully implemented, it is estimated that over 30 million US residents will be without health insurance, while 11.5 million of those residents will be undocumented immigrants. That is why it is important to apply for US citizenship. If you or a loved one is seeking assistance from an experienced immigration attorney in the State of New York, contact Susan B. Henner at 1.888.733.0141 for a free consultation or more information.

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Political Asylum

June 15, 2012

It is an unfortunate reality that there are many places in the world wrought with war, poverty, and oppression. Many immigrants wish to come to the United States to escape such places and begin a new life, filled with work, and education opportunities. While there are many individuals that cross into American borders illegally, there are a number of individuals that face certain danger if turned away or sent back to their native country. Such refugees often seek what is called "Political Asylum".

A foreign immigrant may request political asylum under Article 14 of the Universal Declaration of Human Rights, and a rules of international human rights law. Provided specific qualifications are met, all countries that have agreed to the United Nations Conventions Relating to the Status of Refugees must allow entry into their borders.

Article 14: Universal Declaration of Human Rights

• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

In addition to Article 14, The United States introduced The Refugee Act in 1981that simply states: Asylum and/or Refugee Status is to be granted to anyone outside of his or her own country of Nationality (or already in the United States) who is "unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion".

US Department of Homeland Security (2011). US Citizenship And Immigration Services.

Qualifying for asylum simply consists of being able to demonstrate that due to Nationality, Race, Religion, Political opinions or Social status; a refugee will be in immediate danger if left in custody of their native government. This can often occur due to regime changes within a 3rd world country, or for any number of political or social reasons.

Benefits of acquiring political asylum

The most important factor in being granted political asylum is ensuring safety, and freedom from the immediate dangers posed by a refugee’s native government. However, once accepted within the United States, the opportunity to receive a green card will follow, which may lead to employment and educational opportunities as well, provided qualifications are met.

How to apply for Political Asylum

Applying for Political Asylum can be a tricky and challenging process with many legal loopholes. Although you may apply on your own, it would be beneficial to enlist the help of a professional Immigration attorney. In order to apply for Asylum, an immigrant must file a Form I-589, (Application for Asylum and for Withholding of Removal) within a year of arriving in the United States.

Applicants may include children and spouses provided they are within the United States at the time the application is filed, or at any time until a final decision is made. Children must be under the age of 21, unmarried, and included on the application.

If you need assistance

A professional Immigration attorney is recommended when applying for Political Asylum due to the complex process, and will increase your chances of success. If you or a loved one is seeking political asylum within The United States, contact NY Immigration Attorney Susan B. Henner Attorney now at (914) 358-5200 for a consultation or more information.

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Immigration Appeals

April 25, 2012

New York Immigration attorney Susan B. Henner is ready to represent individuals facing a variety of immigration issues such as removal, visa overstay, and deportation.

The highest administrative body for interpreting and applying immigration laws is The Board of Immigration Appeals (BIA). With up to 15 Board Members, including the Chairman and Vice Chairman who share responsibility for BIA management, the BIA decides appeals by conducting a "paper review" of cases.

Generally, the BIA does not conduct courtroom proceedings, but will hear oral arguments of appealed cases on special occasions at its headquarters in Falls Church, Virginia. The Law offices of John E. MacDonald Inc,. will assist you in presenting your Immigration Appeals against any decisions rendered by immigration judges regardless of whether you are an alien, a citizen, or a business firm.

How an Immigration Appeal works

The Board of Immigration Appeals generally reviews cases that involve orders of removal (deportation) in addition to applications for relief from removal. The majority of cases are reviewed by a single selected board member, although there are certain types of cases that are handled by special panel of three. Most appeals are the result of:

  • A need to clarify the meaning of a law or procedure, which will be followed in future cases

  • An inconsistency between the law and a decision made by an immigration judge or DHS officer.

  • A nationally relevant or controversial case widely considered to hold national importance

  • A mistake, or factual error made by an immigration judge

  • An inconsistency in the rulings between two or more immigration judges

If you wish to Appeal

The most typical of appeals that reach the BIA involve orders of removal and applications for relief from removal, and has standardized the process to some degree. If you or a loved one is an immigrant in the state of New York and are now facing deportation, you have the right to appeal the BIA. Please contact New York Immigration attorney Susan B. Henner today at 1-888-733-0141 or (914) 358-5200. If you wish to contact Susan by email please write to: Susan@sbhenner.com.

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DHS Designating Syria for Temporary Protected Status (TPS)

April 11, 2012

If you need assistance with an Immigration matter in NY, contact Immigration Attorney Susan B. Henner now at (914) 358-5200 for more information.

Statement from Secretary of Homeland Security Janet Napolitano on Temporary Protected Status (TPS) for Syrian Nationals
March 23, 2012
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

“In light of the deteriorating conditions in Syria, I am announcing that DHS will be designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States. Conditions in Syria have worsened to the point where Syrian nationals already in the United States would face serious threats to their personal safety if they were to return to their home country. Early next week, the Department will publish a notice in the Federal Register that will provide further guidance about TPS eligibility requirements and registration procedures. All applicants must undergo full background checks and while Syrians in the United States are encouraged to apply, they should not submit their applications before the notice is published.”

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National Security and Immigration Reform

February 15, 2012

With all of the discussion about national security, new state level immigration legislation is actually making it easier, not harder, for violent criminals to penetrate the U.S. borders.

If you need help with an Immigration matter in NY, contact Susan B. Henner now at 914-358-5200 or by email at Susan@sbhenner.com

“Immigration and National Security: The Illusion of Safety Through Local Law Enforcement Action”

Abstract:
Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across the southwestern border, so could potential terrorists. This “re-branding” of illegal immigration gained significant traction on the national level, but resulted in no federal legislation. The immigration debate has now moved to the state level, with the focus on state laws such as Arizona’s SB 1070. These state laws have brought about something long sought by immigration opponents that they failed to attain in the national debates: local and state law enforcement agencies are now obligated to question people they stop about immigration status. While national security has not been the primary motivation of state lawmakers, the ironic result of these state laws will be a decrease in security against terrorists who might try to penetrate the land borders of the U.S.

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U.S.Citizens May Be Detained Indefinitely If Bill Is Passed by President Obama

December 16, 2011

If you need assistance with a citizenship or Immigration matter, contact NY Immigration Attorney Susan B. Henner at 1-888-733-0141 or (914) 358-5200, or by email at Susan@sbhenner.com.

Obama Expected to Sign Bill Allowing Indefinite Detention

By ADAM KLASFELD

     MANHATTAN (CN) – The White House signaled that President Barack Obama has dropped his veto threat against a bill allowing the military to indefinitely detain U.S. citizens without trial, and letting the military jail anyone it considers a terrorism suspect anywhere in the world without charge or trial.

     After passing the House on Wednesday night, the National Defense Authorization Act of 2012 could come to Obama’s desk after a Senate vote today (Thursday), the 220th anniversary of the ratification of the Bill of Rights.

     The bill writes a $662 billion check to the Department of Defense.

     Civil libertarians fear the law threatens 4th Amendment protections from unreasonable searches and seizures; 5th Amendment guarantees of due process; and 6th Amendment provisions for speedy trial.

     "President Obama made a choice with chilling consequences today when he announced he would not veto the NDAA despite the lack of change to provisions of the bill that make it even more difficult to shut down the prison at Guantanamo and make indefinite military detention without trial a permanent feature of the U.S. legal system," the Center for Constitutional Rights said in a statement.

     The American Civil Liberties Union warned Obama to shift course to avoid following in the footsteps of Sen. Joseph McCarthy’s anti-Communist witch hunts, in the name of fighting terrorism.

     "If President Obama signs this bill, it will damage both his legacy and American’s reputation for upholding the rule of law," said Laura Murphy, director of the ACLU’s legislative office. "The last time Congress passed indefinite detention legislation was during the McCarthy era and President Truman had the courage to veto that bill. We hope that the president will consider the long view of history before codifying indefinite detention without charge or trial."

     Demonstrations against the NDAA planned to coincide with the Bill of Rights Day were scheduled across the country today, including Houston, New York City, and Worcester, Mass., where Occupy Wall Street-affiliated activists plan a "funeral march" for the Constitution.

     Civil libertarians are particularly concerned about the NDAA’s broad language targeting al-Qaida members, supporters or "associated forces," after London police cautioned local businesses about Occupy London in a "Terrorism/Extremism" memo, The Guardian newspaper reported.

     In a statement, the White House said the NDAA would usher in "21st century" justice, while respecting "rule of law … the heart of our country’s strength."

     "This legislation authorizes critical funding for military personnel overseas, and its passage sends an important signal that Congress supports our efforts as we end the war in Iraq and transition to Afghan lead while ensuring that our military can meet the challenges of the 21st century," according to the White House statement.

     Obama spoke Wednesday at a ceremony at Fort Bragg, N.C., marking the end of the Iraq War, though troops will remain until Dec. 31.

     The Washington Post estimates that another 16,000 civilian contractors will remain in Iraq.

     At an earlier hearing, Sen. Lindsay Graham boasted that the NDAA will turn the U.S. into a new "battlefield."

     The Senate, which approved the bill 93-7 in an earlier form, is expected to pass it again today.