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Articles Tagged with asylum

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B96BAFD61AFor undocumented immigrants who are seeking asylum in the United States, a sense of consistency needs to be present. One of the most important portions that are involved in the process of seeking asylum deals with the Convention Against Torture. If you are an immigrant who has reason to fear torture from the country that you originate from, it is essential for you to apply for protection under the United Nations Convention Against Torture. The requirements involved in the application for protection under the CAT are very specific. You can easily be disqualified for protection because of inconsistencies in your accounts or for some other violation related to immigration. The case of Gonchigsharav Nadmid clearly illustrates the need for consistency if an undocumented immigrant wants to benefit from the protective measures that are made available through the CAT.

Nadmid’s story starts in 2007 when he entered the United States through the use of a visitor’s visa. Nadmid is a native of Mongolia and stayed in the United States from 2003 to 2007. Nadmid had a brief run in with the law when he was charged with a DUI in 2007. Following these events, Nadmid chose to return to his country of origin to start a business.

Nadmid entered the United States again in 2009 using his visitor’s visa. Once Nadmid reached the Chicago O’Hare International Airport, he was detained by a customs officer and was subjected to two interviews. During the first interview, Nadmid stated that he was there to visit his daughter who was a U.S. green card holder. The officer interviewing Nadmid asked him if he had any reason to fear a possible return to Mongolia. Nadmid answered no to this question. After the first interview, Nadmid had a conversation with his daughter. After Nadmid’s conversation, he headed for his second interview where he delivered an account that contradicted his previous statement.

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deportationWhen it comes to seeking asylum, undocumented immigrants need to be aware of the complexities inherent in the law before they can pursue the possibility seriously. If you intend to apply for asylum, it is essential for you to apply for protection under the United Nations Convention Against Torture as well. This is extremely important if you have an established reason for fearing the possibility of torture from the country that you hail from. There may be cases when asylum won’t be granted especially if the applicant in question has a history that involves criminal felonies. The details that are involved in cases like this is best illustrated by the experiences of Maria C. Lugo.

Lugo is a citizen of Venezuela who entered the United States in 1996. Lugo was able to gain entry into the US through the use of a non immigrant visa. Lugo’s problems started once she exceeded the authorized staying period stipulated on her nonimmigrant B-2 visa. Lugo’s problems compounded when she had a run in with the law on 2005. Lugo was charged with concealing a felony during this period. The details of the felony involved Lugo’s boyfriend who was trafficking heroin which, consequently, placed Lugo in a compromising situation with elements of the law.

As a result of the felony charge, Lugo obtained legal counsel. On the advice of her lawyer, Lugo decided to plead guilty to one count of misprision of a felony. Lugo’s decision to plead guilty to the charge was spurred by the alternative of facing up to five years of incarceration. Lugo was sentenced to serving time and paying a fine. The case took on a complex turn because of Lugo’s immigrant status. Under immigration law, Lugo’s status as an undocumented immigrant jeopardized her stay in the US. Lugo was caught unawares by this development, asserting that her attorney did not inform her that a guilty plea could compromise her status.

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