One of the most gratifying wins of my career happened this week. I received a call from a client whose interview took place last month at the Miami asylum office. I accompanied him to the interview and we successfully argued that his case should be approved despite changed country conditions. These changed country conditions might have changed his eligibility for asylum.
What is Asylum?
Asylum is the process under which an Applicant may remain in the United States if his life would be in danger if she were to return to her country. The fear of persecution must be based on a protected ground. These protected grounds include political opinion, religion, race, ethnicity, or Membership in a particular social group. An applicant may also apply if he fears torture under the Torture Convention. An Applicant must show that he has been persecuted based on one of these grounds, or he faces future persecution. A person must apply for asylum within one year of arriving at the United States unless they qualify for an exception under the law.
What Are Changed Country Conditions?
Changed country conditions relate to political, or other changes, in personal or country condition, that would change an Applicant’s eligibility for asylum. The Service may use such changed conditions to deny or reverse a previous grant of asylum. These conditions may include political changes in the Applicant’s country, like the assent of a new political party to power, or a change in the regime. A new law that might disproportionately affect a certain class of people may also qualify as a changed country condition.
Can I Use Changed Country Conditions to Reopen My Case?
Changed Country Conditions may also be used by Applicant whose cases had been denied before to reopen their cases. New Applicants may also take advantage of Changed Country Conditions to apply for asylum, despite the one year rule, if the change in conditions would affect them personally.
How Can We Win Your Case Despite Changed Country Conditions?
An Applicant may still qualify for Asylum despite changed country conditions if she is able to show that despite such changes she still qualifies because of past persecution or a credible fear of future persecution. Another way is to show that the changed circumstances do not change her eligibility for Asylum. Past persecution that is well documented may also overcome changed country conditions in her home country.
What Should You Do if Your Circumstance Changed?
You should consult with an experienced immigration attorney, like Attorney Ahmad Yakzan, before taking any further steps. Call us at (813) 499-1250 for a consultation.
Please remember that your particular case may differ and this post may not, and should not, be construed as a promise of a future result. Results may vary depending on the particular facts in your case.
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