COVID-19 UPDATE: We are in a shelter in place order until April 13th - Video Conference Available - Click for More Information
Published on:

Move to Petition for Asylum Yields Consequences for Undocumented Immigrant

F50C1E8E09One of the biggest immigration questions that undocumented immigrants possess deal with the question of asylum. From a legal perspective, it is possible for an immigrant to seek asylum in the United States if they are able to substantiate the fact that they suffered persecution in their native territory for issues related to religious beliefs. Even if you happen to be an immigrant that does qualify under this statute, it is essential that you gain a strong grasp of regulatory restrictions before you can petition for asylum. A failure to do this can place your prospects in jeopardy. This is a reality that He, from China, is all too familiar with.

He took a circuitous route to enter the United States. As a native of the Fujian Province in China, He decided to enter the U.S., by passing through Indonesia and Canada in 2007. A year after He completed his journey, he decided to contract the services of a lawyer to solidify his residency status through the avenue of asylum. Citing that he was a victim of beating s and arrests as a result of his Christian beliefs in his area of origin, He petitioned for asylum. He’s request was invalidated by immigration authorities.

There are two major reasons that operate behind the decision of the U.S. Citizenship and Immigration Services to deny He’s petition for asylum. The petitioner failed to provide critical pieces of evidence that would have given him a strong case. He’s major mistake was his failure to apply for asylum within the first year of his stay in the U.S. Immigration authorities also decided that He did not require protective services because it did not seem highly probable that he would in fact face threats of torture when he returns to China.

The credibility of He’s testimony was weak and his subsequent move to file a motion for reconsideration was denied by the Board of Immigration Appeals. In this case, the move to petition for asylum proved to yield drastic consequences. A month after He filed his application for asylum, the Department of Homeland Security moved in and charged him with deportation without the possibility of parole. In the face of legal denials, He chose not to fight against the move to deny his motion for reconsideration.

If you or someone you know needs legal counsel regarding immigration and asylum issues, please contact the immigration attorneys at Lyttle Law Firm in Austin, Texas by visiting our website or calling us today at 512-215-5225.

Contact Information