Even those who face real danger if they are returned to their home country may not qualify to obtain asylum in the United States. There are a few mandatory bars to applying for asylum that could prevent your application from being approved.
As with all matters relating to immigration law and asylum, it is advisable to speak to an attorney to better understand your legal options. The lawyers of Landerholm Immigration, A.P.C. may be able to help you through the asylum-seeking process and help your case.
What follows are three mandatory bars that will keep you from winning asylum in the United States.
Committing a Serious Crime
The general reason why some people could be blocked from obtaining asylum in the United States stem from a belief that they may be a threat to the community. Typically, this belief comes from a criminal history of some sort.
If the immigrant had any part to play in the same persecution that they are seeking asylum in order to avoid, they may not be eligible for asylum. Persecution of others and violence done to others are taken seriously in immigration courts.
If the immigrant is convicted of committing a “particularly serious crime” either in the US or overseas, they may also be barred from obtaining asylum.
Supporting Terrorist Organizations
Terrorism related inadmissibility grounds (TRIG) are a more recently-adopted rules for denying eligibility for asylum. If the immigrant has ever shown support for terrorist groups, they may be considered a security threat to the United States.
Support for terrorist organizations may include but is not limited to financial support for terrorist organizations, making threats of bodily harm, membership in a group that endorses terrorist activity, having been trained by terrorists, or having been caught engaging in terrorist activity yourself. The spouse or child of anyone with connections to terrorist organizations will also find themselves ineligible. Additionally, a high-ranking government official may express reasonable grounds for why they suspect the immigrant of terrorist involvement.
Waiting Too Long
Generally, you must apply for asylum sometime within the first year of your time in the United States. Failure to do so may result in you being ineligible for obtaining asylum status. If you are looking to apply for asylum, you must file the I-589, Application for Asylum and for Withholding of Removal without delay.
There are, however, a few notable exceptions to the one-year rule, and your immigration lawyer will be better able to provide you with the best legal option for your case.
If you are worried you may not be eligible for asylum in the United States, please contact our law office.