Immigration Solutions LLC provides Asylum and Refugee Petition services on a pro bono basis or at a reduced fee.
Asylum is relief allowing an alien to remain in the United States under legal status because he or she has suffered past persecution in his home country or country of last habitual residence, or because he has a well-founded fear of future persecution in his home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group.
Withholding of Removal
Withholding of Removal is relief that prevents removal to a country where the alien has a clear probability of suffering persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of Removal is only for those who are placed in removal proceedings. If U.S.C.I.S. is not trying to deport you, exclude you, or otherwise remove you from the United States, Withholding of Removal is not an available remedy.
Who May Apply
Any alien in the U.S. may apply for asylum. The alien need not be in legal status in the U.S., although an alien in legal status may apply for asylum without jeopardizing his or her legal status. Further, any alien in removal proceedings may apply for withholding of removal as well as asylum.
If you believe you may qualify for Asylum, contact our office for further evaluation and information concerning possible services. Immigration Solutions LLC will file an Asylum Application on behalf of anyone whose application would be heard at the U.S.C.I.S.’s Boston Asylum Office.
Under United States law, a refugee is someone who:
- Is located outside of the United States
- Is of special humanitarian concern to the United States
- Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group Is not firmly resettled in another country
- Is admissible to the United States
A refugee does not include anyone who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
The Refugee Process
You must receive a referral to the U.S. Refugee Admissions Program (U.S.R.A.P.) for consideration as a refugee. If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a U.S.C.I.S. officer who will determine whether you are eligible for refugee resettlement.
Your case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members. You may include a same-sex spouse in your application provided that you and your spouse are legally married. As a general matter, U.S.C.I.S. looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. Same-sex partners who are not married but who are qualified to access the U.S. Refugee Admissions under one of the three designated worldwide processing priorities may have their cases cross-referenced so that they can be interviewed at the same time and, if approved by U.S.C.I.S., resettled in the same geographic area in the United States.
There is no fee to apply for refugee status. The information you provide will not be shared with your home country.
Please note this information is not a substitute for legal advice. Each case is unique, thus to assess your best options, please do not hesitate to contact us at any time. (617) 536-0584 firstname.lastname@example.org
Deferred Enforced Departure
Deferred Enforced Departure (DED) is in the President’s discretion to authorize as part of his power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States, usually for a designated period of time.
Temporary Protected Status & Deferred Enforced Departure have been granted to the following designated countries:
- El Salvador
- Sierra Leone
- South Sudan
Humanitarian Parole is an option of last resort that can grant temporary immigration relief to individuals in emergency situations. There are two distinct kinds of humanitarian parole, the first for individuals filing from outside the United States, the second for individuals who are in the United States and who are in removal proceedings.
Applicants filing for Humanitarian Parole from outside the United States can submit their requests either to U.S.C.I.S. or, if the individuals is at a point of entry to the United States, to Customs and Border Protection. Applicants for Humanitarian Parole are essentially asking to be let in to the United States without a visa, and, as such, should only request humanitarian parole when an application for a visa has been denied or when the individual would be ineligible for any type of visa.
U.S.C.I.S may grant parole temporarily:
- To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit; and
- For a period of time that corresponds with the length of the emergency or humanitarian situation.
Applications for Humanitarian Parole will only be approved if the applicant can demonstrate a “compelling” need to enter the United States. Examples of such “compelling” reasons include situations in which the applicant has a relative in the US who is facing a risk of imminent death, or situations in which the applicant needs medical treatment in the U.S. and is not able to obtain it in his or her home country. Parole is usually granted for the duration of the emergency situation.
Applicants who are inside the United States and in Removal Proceedings can file requests for Humanitarian Parole with Immigration Customs Enforcement (ICE). Unlike filing from outside the United States, applicants filing for parole from inside the United States must show that granting parole would result in a “significant public benefit” to the United States. This form of relief is most commonly used when the individual is a person of law enforcement interest, such as the witness in a criminal case. If granted, the request can provide a temporary form of lawful status.
In either case, Humanitarian Parole is entirely discretionary, and denials of requests for Humanitarian Parole cannot be appealed. Parolees must depart the United States before the expiration of their parole. A request for re-parole can be submitted and it must be approved by U.S.C.I.S. Humanitarian Parole does not grant any immigration benefits.
Requirements for Parole
- Anyone can file an application for humanitarian parole.
- You may file an application for parole if you cannot obtain the necessary admission documents from the Department of State.
You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures. As noted above, there must be an urgent humanitarian reason or significant public benefit for the parole to be granted.