§1158. Asylum

 In Criminal Defense

Our FirstCall lawyers have extensive experience in representing immigration cases in front of Immigration Courts and the United States Immigration and Citizenship Services (USCIS). Whether you are located in San Diego, Vista, Escondido, Orange, Anaheim, Tustin, Santa Ana, or Los Angeles or anywhere in the United States, our lawyers are ready to assist you with your immigration matter.

  1. Asylum

 Termination of asylum

Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that-

(A) the alien no longer meets the conditions described in subsection (b)(1) owing to a fundamental change in circumstances;

(B) the alien meets a condition described in subsection (b)(2);

(C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equivalent temporary protection;

(D) the alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or

(E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.

(3) Removal when asylum is terminated

An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section 1 1182(a) and 1227(a) of this title, and the alien’s removal or return shall be directed by the Attorney General in accordance with sections 1229a and 1231 of this title.

(d) Asylum procedure

(1) Applications

The Attorney General shall establish a procedure for the consideration of asylum applications filed under subsection (a). The Attorney General may require applicants to submit fingerprints and a photograph at such time and in such manner to be determined by regulation by the Attorney General.

(2) Employment

An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum.

(3) Fees

The Attorney General may impose fees for the consideration of an application for asylum, for employment authorization under this section, and for adjustment of status under section 1159(b) of this title. Such fees shall not exceed the Attorney General’s costs in adjudicating the applications. The Attorney General may provide for the assessment and payment of such fees over a period of time or by installments. Nothing in this paragraph shall be construed to require the Attorney General to charge fees for adjudication services provided to asylum applicants, or to limit the authority of the Attorney General to set adjudication and naturalization fees in accordance with section 1356(m) of this title.

(4) Notice of privilege of counsel and consequences of frivolous application

At the time of filing an application for asylum, the Attorney General shall-

(A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and

(B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.

Because of the complexity of immigration matters it is imperative that you connect with one of our knowledgeable and competent FirstCall lawyers. FirstCall serves all of Southern California, from San Diego and North County to Orange, Anaheim, Tustin, Santa Ana and Los Angeles. FirstCall serves immigration clients in many States in the United States.

One of the major mistakes some immigration applicants make is to attempt to represent themselves. This is no different that trying to perform a surgery on oneself. The immigration law is very complex, changes very often, and therefore, only with the assistance of an experienced lawyer, the person can navigate the maze of immigration laws. Our FirstCall lawyers are super knowledgeable, and can identify the best options for you under the circumstances of your case. FirstCall represents clients throughout Southern California, from San Diego to Los Angeles, and in between, Vista, Escondido, Orange, Anaheim, Santa and Tustin, as well as in many States of the US.

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