Beginning on January 29, 2018, the Asylum Office re-instated a policy to review asylum cases on a “last in, first out” basis – meaning that the most recent cases will be scheduled within a few weeks of being filed.  This family from Venezuela arrived in the U.S. and quickly prepared an asylum application on their own. Soon after filing, they were scheduled for an interview with the US Asylum office.   The family had been actively involved in politics in Venezuela and had been targeted by threats of violence, kidnapping, and extortion.  They fled Venezuela in fear for their lives.

THE LAW:

US Asylum law is complex and has become more so after the decisions by the US Attorney General in Matter of A-B-.  Fortunately, the law continues to protect political activity.  In general, Asylum applicants must demonstrate that they have a “well founded” fear of return to their native country “on account of” (because of) their:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Asylum may be granted if the applicant has already suffered past persecution (because of their above reasons) OR if they have at least a “well founded” fear of return because of a protected ground.  Any asylum application must be filed within one year of arrival in the U.S. (certain exceptions apply). A recent Federal Court case has established a NEW and PREVIOUSLY UNAVAILABLE ground for certain applicants to apply for asylum even if they did not meet the one-year deadline if they were in ICE custody and released.  Consult an attorney if you were detained and want to apply for asylum but did not apply within the required one year deadline.  See, Mendez Rojas
v. Johnson, 2018 WL 1532715 (W.D. Wash. Mar. 29, 2018)

US Asylum law has long protected political speech, and has offered political asylum to those who have spoken out against their governments or opposed powerful forces in their home countries.  Recent social, political, and economic changes in Venezuela have made record numbers of citizens flee the country for a variety of reasons.  Mere economic problems (food shortages, problems fining work, etc.) are generally not sufficient to establish asylum.  It is important to establish that you are feeling your country BECAUSE OF a protected ground (such as politics) – not merely because country conditions have become difficult.

If granted asylum, an applicant may apply for US Lawful Permanent Residence after 1 year in the U.S.

THE RESULT:

With only a short time to prepare, our office quickly assessed the weaknesses in the case, strengthened affidavits, and prepared testimony for the clients.  We gathered documents and additional evidence in support of the case, and were able to obtain a grant of asylum for this family.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.