The Asylum Process

There has been a lot in the news lately regarding the refugee program of the United States, especially in light of the current controversy of President Trump’s Executive Orders on Immigration. This blog sets out to provide some background information on the Asylum process.

Applying for Asylum in New York and New Jersey

Even though the Department of Homeland security reports that in 2015 there were 26,124 individuals who were granted asylum, obtaining asylum can still be a particularly difficult process. A talented asylum attorney like Robert Maher, P.C. knows how to best help individuals involved in these types of situations. In addition to obtaining the services of a talented attorney, it is often a wise idea for an individual applying for asylum to understand some important details.

Why Asylum Is Desired

Individuals who are classified as refugees are likely to qualify for asylum. Refugees include any individual who is outside their country of residence and unable or unwilling to return to that country due to a well-founded fear of persecution. This persecution can be due to the individual’s nationality, membership in a particular social group, political opinion, race, or religion. Individuals must be aware that there are a number of reasons why asylum can be rejected including: assisting in genocide, having a record of persecuting another, being convicted of a serious crime and representing a danger to the United States, having committed a serious nonpolitical crime outside of the United States, and representing a danger to the security of the United States.

How Asylum Affects Work and Families

There are two particularly important daily elements that individuals applying for asylum are often curious about:

·  Family. Individuals are often curious as to whether an individual’s family can also be granted asylum. An individual can include their spouse and unmarried children under the age of twenty years old. If individuals do not include family in an initial asylum application, an individual can petition to bring these family members to the United states once asylum has been granted through a Form I-730, which is also called a Refugee/Asylee Relative Petition.

·  Work. Individuals will be eligible to work immediately after being granted asylum. Individuals might wish to obtain an Employment Authorization Document, which can help for identification purposes.

The Asylum Process

Applying for asylum is a particular difficult process for individuals, which involves filing a Form I-589, which is also known as an Application to Extend/Change Nonimmigrant Status. The location where an individual submits the Form I-589 however, depends upon a variety of circumstances including:

·  Individuals Applying for Asylum for the First Time Who Are Not Involved in Removal Proceedings. Individuals in this type of situation should apply at the U.S. Citizenship and Immigration Service Center that has jurisdiction over the individual’s place of residence.

·  Individuals Applying for Asylum Who Were Previously Denied Asylum. For individuals who are involved in this type of situation, the individual must apply at the asylum office that has jurisdiction over the individual’s place of residence.

·  Individuals Engaged in Removal Proceedings. Individuals engaged in this type of situation should apply at the immigration court that jurisdiction over the individual’s place of residence.

·  Individuals Who Are Part of A Group or who Entered the United States Pursuant to the Visa Waiver Program. This category of individuals should apply at the U.S. Citizenship and Immigration Service Center that has jurisdiction over the individual’s place of residence.

Obtain the Services of a Skilled NYC Immigration Attorney

Asylum applicants can expect to receive a decision within six months of their application. Individuals seeking asylum frequently wonder when it is essential to bring an attorney to the immigration process. It is critical to understand that while it is not required, applicants who bring a talented immigration attorney like Robert J. Maher, P.C. are much more likely to succeed with asylum applications. If you are seeking asylum, do not hesitate to contact Robert Maher Law by either contacting us online or by phone at(212) 939-7548.

Shoplifting and Immigration

Shoplifting and Deportation in NYC

Drug offenses and violent crimes are not the only types of criminal charges that can have profoundly negative impacts on an individual’s immigrant status. Shoplifting is another particularly serious charge that can have substantial repercussions. The National Association for Shoplifting Prevention reports that more than 10 million people have been caught shoplifting in the last five years. Because an individual’s ability to legally remain in the United States might be shaped by a shoplifting charge, individuals faced with a shoplifting conviction frequently find it essential to retain the services of a skilled immigration attorney like Robert J. Maher, P.C.

The Definition of Shoplifting

Many individuals are unaware that shoplifting can include many more types of activities that merely taking something from a store without first paying for the item. Shoplifting charges can also involve acting as a lookout as well as other frauds including manipulating price tags or returning items to a store that were not initially purchased at the store.

The Consequences of Shoplifting on your Immigration Status

Shoplifting is often classified as “a crime of moral turpitude”, which is considered by government to violate the standards of morality that are expected by individuals in a community.Not only can a charge of shoplifting have negative implications for travel or visa applications to the United States, for immigrants currently living in the United States there are also other significant consequences including the following risks:In some situations, individuals can even be deported for shoplifting. There are many factors that will influence whether an individual will be deported from the United States including:

·  Crimes Committed Within Five Years. Individual who committed the crime of shoplifting five years after being admitted to the United States are at particular risk of deportation.

·  Aggravated Felonies. Some shoplifting convictions are considered serious enough to be classified as aggravated felonies for immigration purposes, which will likely mean that an individual will have no relief from deportation and likely will never be able to return to the United States.

·  Illegal or Out of Status Individuals. For individuals who entered the United States illegally or are out of status, an arrest for shoplifting will likely bring the individual before the Immigration and Customs Enforcement who can deport an individual in this type of situation even if the individual is not convicted of shoplifting.

Advice for Immigrants Charged with Shoplifting

There are several important pieces of advice that individuals who are charged with shoplifting should remember:

·  Understand Plea Agreement Consequences. A skilled immigration attorney can help individuals understand the consequences of a plea agreement before deciding whether to accept a plea or proceed to trial.

·  Contact A Talented Immigration Lawyer. Individuals should also try to consult with a knowledgeable immigration attorney as soon as possible. During a first meeting with an experienced immigration attorney, individuals should make sure to bring all important paperwork regarding the offense.

Obtain the Services of a Skilled New York and New Jersey Immigration Attorney

If you have been charged with shoplifting and are an immigrant, it is an extremely wise idea to obtain a seasoned and knowledgeable immigration attorney today like Robert J. Maher, PC. The legal team at Robert Maher Law understands the exact implications that a shoplifting charge can have on an individual’s immigration status. Contact hesitate to contact attorney Robert Maher today either online or by calling (212) 939-7548.