Family Visa Lawyer in Tampa

Asylum

Asylum seekers often face numerous hurdles, including language barriers, complex legal processes, and cultural adjustments. Therefore, it is crucial for those seeking asylum to have competent legal representation. Our firm prioritizes providing personalized legal strategies to navigate these complexities, ensuring that individuals receive the support they need to present a compelling case. Our deep understanding of asylum law allows us to guide clients through documentation requirements, interview preparations, and court appearances, significantly enhancing their chances of success. Whether dealing with initial applications or appeals, American Dream Law Office, PLLC is committed to defending the rights of asylum seekers and helping them build a secure future in the United States.

Protected Grounds in Asylum

Determining the appropriate protected ground is essential in asylum cases and requires a nuanced understanding of both international and domestic law. Each asylum application is unique, often involving intricate personal histories and geopolitical factors. Our firm invests time in understanding each client's narrative to identify the most persuasive aspects of their claim. By doing so, we can effectively argue their eligibility under the appropriate protected grounds, whether it involves cases of political dissent, religious persecution, or social group discrimination. This thorough approach increases the likelihood of a successful application and ensures that the complexities of each case are fully addressed, providing clients with the best possibility of protection under U.S. asylum laws.

Analyzing Asylum Claims in Tampa

At American Dream Law Office, PLLC, we recognize that each asylum case presents its own unique set of challenges and circumstances. Evaluating claims within the Tampa context requires a comprehensive understanding of both the legal framework and the practical realities faced by our clients. With access to local resources and experts, we provide tailored support to help clients gather compelling evidence and craft persuasive personal narratives. Our firm is dedicated to ensuring that each client's case is meticulously prepared, taking into account all local nuances and potential legal hurdles to optimize the chances of success.

Understanding the intricacies of local legal procedures and precedents is crucial for building a robust asylum case. Our team stays informed on regional developments and leverages its strong connections with Tampa's legal and advocacy communities to benefit our clients. This localized approach ensures that we are proactive in anticipating challenges and can swiftly adapt strategies to align with current legal trends and enforcement practices.

Past Persecution

If an applicant establishes past persecution, there will be a presumption of future persecution. The government can rebut such a finding if 1) there was a fundamental change in circumstances or 2) the applicant may relocate within the country to avoid persecution. 8 CFR §§ 208.13(b)(1)(i)(A) and (B). Once a showing of past persecution is shown, the immigration judge must make such a finding. Antipova v. US Att’y Gen. (392 F.3d 1259 [11th Cir. 2004]). An applicant does not have to show subjective fear. Nor does he have to show that there was a pattern of persecution. 8 CFR § 208.13(b)(ii)(3). Once past persecution is shown, then there will be a presumption of future persecution. 8 CFR § 208.13(b)(1)(ii). Such a finding would also show that a person’s life would be threatened for purposes of withholding of removal. INA §241()(3).

Establishing past persecution is a crucial element in asylum cases as it allows applicants to substantiate their claims for protection under U.S. law. Evidence supporting past persecution can include medical reports, witness testimonies, police records, and personal statements detailing experiences that led to severe suffering. It is essential to meticulously compile and present all relevant documentation to effectively convey the severity and impact of prior persecution. Our firm’s thorough preparation and attention to detail aim to fortify each case, ensuring that past experiences are accurately represented and given due consideration by immigration authorities. This rigorous approach seeks to protect clients' rights and prevent further harm, supporting their quest for safety and stability in the U.S.

Humanitarian Asylum

When the government rebuts future persecution, an applicant may still qualify for asylum based on past persecution under humanitarian asylum. 8 CFR §208.13(b)(1)(iii)(A). Matter of Chen (20 I&N Dec. 16, 21 [BIA 1989]). Humanitarian asylum is not an independent claim for preservation purposes. An applicant may also qualify for asylum if he or she would face other serious harm upon removal. 8 CFR § 208.13(b)(1)(iii)(B); Matter of L-S- (25 I&N Dec. 705 [BIA 2012]). Past persecution does not require persecution if the applicant’s testimony is credible.

Humanitarian asylum offers an essential lifeline for individuals whose past persecution itself warrants protection, even if future persecution fears are rebutted. This form of asylum acknowledges the lasting impacts of previous trauma, allowing individuals a chance to rebuild their lives in safety and dignity. In these cases, it is vital to convey the enduring physical, emotional, or psychological scars that remain, which could seriously impede resettlement elsewhere. Our firm understands the importance of crafting a compelling narrative surrounding past experiences to articulate the need for humanitarian asylum. This involves collecting comprehensive evidence and effectively communicating the client's story to underscore the necessity for ongoing protection.

Well-Founded Fear of Future Persecution

An applicant who does not show past persecution may qualify for asylum if they can demonstrate the possibility of future persecution. INA §101(a)(42) requires that the applicant show a reasonable person similarly situated would fear persecution. Matter of Barrera (19 I&N Dec. 837, 845 [BIA 1989]). The quantum of proof may be less than a 10% possibility. 8 CFR §208.13(b)(2)((i)(B). The fear has both subjective and objective components. The persecutor does not need to be currently aware of the offending characteristic, but must be likely to become aware. Eduard v. Ashcroft (379 F.3d 182, 192-93 [5th Cir. 2004]). Additionally, the applicant does not have to show that they fled the country due to persecution, but that there is a current claim. Wiransane v. Ashcroft (366 F.3d 889, 899 [10th Cir. 2004]). Disclosure of asylum status to the applicant’s country may raise an independent claim of asylum. 8 CFR § 1208.6(a).

Successfully proving a well-founded fear of future persecution hinges upon a thorough understanding of the applicant’s social and political climate in their home country. Applicants must demonstrate the objective basis for their fears, drawing from credible country reports, eyewitness accounts, and expert testimonies. It's vital to articulate both subjective fear and objective evidence in harmony, presenting a solid case to immigration officials. At American Dream Law Office, PLLC, we meticulously analyze country conditions and gather corroborative evidence to reinforce each client's application, ensuring that fears of future persecution are presented with clarity and impact. Our goal is to offer peace of mind during this process by showcasing the genuine and critical need for asylum under U.S. immigration law.

Mandatory Denial of Asylum

Congress has established bars to asylum, where USCIS may not grant asylum, but an immigration judge must hold an evidentiary hearing regarding the bar. INA §§208(a)(2) and (b)(2). The bars include:

• Persecution of others under INA §208(b)(2)(A)(i)
• Particularly serious crimes INA §208(b)(2)(A)(ii)
• Serious nonpolitical crimes INA §208(b)(2)(A)(iii)
• Danger to the security of the United States INA §208(b)(2)(A)(iv)
• Terrorism-related inadmissibility grounds INA §208(b)(2)(A)(v)
• Firm resettlement INA §208(b)(2)(A)(vi)
• Safe third country under the US-Canada Agreement
• Previous asylum applicants under INA §§208(a)(2)(C)-(D) unless there are changed circumstances
• One-year time limit INA §§208(a)(2)(B), (D) unless there are changed or extraordinary circumstances

We understand that applying for asylum and withholding of removal is a serious matter. Your life could literally depend on the result.

Call American Dream Law Office, PLLC at (813) 499-1250 today for help applying for such relief.

Citizenship & Naturalization

The United States allows citizenship by several means. These include:

• Citizenship by birth in the United States under INA §§301(a)-(b) and (f)
• The citizenship of one or both parents INA §§301(c)-(d) and (g)-(h)
• A combination of parental citizenship and location, INA §§301(e) and 303
• After birth, by a combination of parental citizenship and residence, INA §§320 and 322
• Naturalization under INA §316
• Citizenship by Birth or Certain Unincorporated Territories

The 14th Amendment grants citizenship by birth in the United States. The United States adheres to the doctrine of jus soli, as established in U.S. v. Wong Kim Ark (169 U.S. 649 [1898]). This also includes persons born in certain U.S. territories under U.S. control, as stipulated in INA §§302 and 304-307. People born in locations like the Philippines and American Samoa are not citizens but nationals of the United States and do not acquire citizenship at birth; however, they may acquire citizenship through naturalization. Entines v. U.S. (160 F.Supp.3d 208 [D.D.C. 2016]) discusses these implications.

A lack of an official birth record is not decisive regarding someone's birthplace in the U.S. Persons of unknown parentage found in the U.S. are considered born in the United States unless proven otherwise before turning 21, according to INA §301(f).

Obtaining U.S. citizenship or naturalization involves several avenues, each requiring a clear understanding of legal obligations and documentation. Whether pursuing citizenship by birth, bloodline, or naturalization, it is imperative to gather all necessary documentation and meet residency and lawful entry requirements. Navigating these pathways can pose challenges due to legal complexities, residency stipulations, and application specifics, underscoring the need for qualified legal guidance. At American Dream Law Office, PLLC, we assist clients in understanding the nuances of each citizenship path, helping them prepare comprehensive and compliant submissions to enhance their chances of successful citizenship applications. Our commitment is to facilitate a seamless journey towards achieving the full benefits and legal standing of U.S. citizenship.

Don't hesitate—reach out to an experienced family visa attorney now. Call (813) 499-1250 or complete an online form to take the next step.