The Empowered Immigrant Live is dedicated to training, teaching, inspiring, and empowering immigrants facing deportation to make the most of immigration laws and their lives. Today, we're tackling a crucial question: What do you do if your asylum case is weak?
Before we dive in, I have a question for you: Do you want to get a green card this year? Do you want to apply for citizenship? Or at least see what your options are for changing your immigration status? If so, go for it! My firm is on a mission to win 10,000 immigration cases in the next 10 years, and we'd love for your case to be one of them.
Understanding Asylum Law Basics
To win asylum, you must demonstrate a well-founded fear for your life due to persecution. Persecution includes physical violence, death threats, and serious life-threatening situations. Additionally, the persecution must be due to one of five reasons:
1. Race
2. Religion
3. Nationality
4. Political opinion
5. Membership in a particular social group
If the reason for persecution is unclear, you might lose your case because US law requires clarity on this point.
Another critical requirement is avoiding the "bars" to asylum, such as:
- The one-year filing deadline
- The particularly serious crime bar
- The firm resettlement bar
Lastly, you must show that you warrant a favorable exercise of discretion.
What If Your Asylum Case Is Weak?
Weaknesses in asylum cases can stem from various issues:
- Limited evidence of persecution
- Lack of clarity on why the persecution occurred
- Speculative fear rather than well-founded fear
Even strong asylum cases need thorough preparation and presentation. Here are three key strategies to consider if your asylum case is weak:
1. Know Your Plan B
If your asylum case gets denied, have a backup plan. Consider options such as:
- Marriage to a US citizen who can petition for you
- Waiting for a US citizen child to turn 21
- Requesting voluntary departure to avoid a deportation order
- Appealing the asylum decision
2. Understand All Weaknesses
Work with your lawyer to dissect and understand every potential weakness in your case. Enter your case with both eyes open and be aware of all possible issues.
3. Work with Experts
Attorneys and experts can help you strategize around weaknesses. They can assist in gathering evidence and strengthening arguments related to your persecution.
That’s it for today! But you can watch our entire video right here: Asylum: What to do if my asylum case is weak - YouTube