Asylees are eligible for benefits and services such as job placement, English classes, and temporary cash assistance?  Many asylees are not aware of time-limited benefits and services available to them through the federal Office of Refugee Resettlement that can facilitate a smooth adjustment and early self-sufficiency in the U.S.

Please call 1-800-354-0365 for information and referrals to programs in their local community.

This line is a federally-funded service for asylees only and provides information in 18 languages.  A free guide to asylee benefits and services is available at http://cliniclegal.org/resources/asylee-eligibility-resettlement-assistance-short-guide.

Also, translated information for asylees in 8 languages is available at http://www.acf.hhs.gov/programs/orr/hotlines/asylee.htm

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Bars to Eligibility for Withholding of Removal

An applicant is not eligible for withholding of removal if he:

1. Is a persecutor;
2. Has committed a serious nonpolitical crime outside the United States;
3. There are reasonable grounds to believe the alien is a danger to the security of the United States, including an alien described in INA §237(a)(4)(B) (relating to terrorist activity); or
4. Has been convicted of a particularly serious crime.

Particularly Serious Crimes

A conviction for a particularly serious crime will prohibit a foreign national from receiving withholding of removal under the INA or under CAT. INA§241(b)(3)(B)(ii), 8 USC §1231(b)(3)(B)(ii).

A client has a conviction for a particularly serious crime if the client is applying for withholding of removal and “has been convicted of an aggravated felony (or felonies) for which the alien has been sentenced to an aggregate term of imprisonment of at least 5 years.” INA §241(b)(3)(B), 8 USC §1231(b)(3)(B).

Adjudicators may determine that a crime that does not meet the above criteria is nonetheless a particularly serious crime. In making their determination, adjudicators must consider the following factors:

1. the nature of the conviction;
2. the circumstances and underlying facts of the conviction;
3.  the type of sentence imposed; and
4. whether the type and circumstances of the crime indicate that the alien will be a danger to the community.

See Matter of S-S, 22 I&N Dec. 458 (BIA 1999) (overruled in part by Matter of Y-L-, A-G-, R-S-R, 23 I&N Dec. 270 (A.G. 2002)), Matter of N-A-M-, 24 I&N Dec. 336, 342 (BIA 2007); Matter of Frentescu, 18 I&N Dec. 244, 247 (BIA 1982). Drug trafficking offenses are presumptively particularly serious. See Matter of Y-L-, 23 I&N Dec. 270 (Op. Att’y Gen. 2002). Particularly serious crimes usually involve violence or the risk of violence against a person.

Eligibility for Withholding of Removal Under Section 241(b)(3) of the Act

The burden of proof is on the applicant for withholding of removal under section 241(b)(3) of the Act to establish that his life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion.  The testimony of the applicant, if credible, may be sufficient to sustain he burden of proof without corroboration.  The evidence shall be evaluated as follows:

208.16(b)(1) Past threat to life or freedom

208.16(b)(2) Future threat to life or freedom

208.16(b)(3) Reasonableness of internal relocation.

Credibility

The IJ may make a credibility determination based on the totality of the circumstances, and all relevant factors, including:

(1) Demeanor, candor or responsiveness of the applicant or witness

(2) Inherent plausibility of the applicant or witness’s account

(3) Consistency between applicant’s or witness’s written or oral statements, whenever made and whether or not under oath, but considering the circumstances under which they were made

(4) Internal consistency of each statement

(5) Consistency of such statements with evidence of record and U.S. State Department Reports

(6) Any inaccuracies or falsehoods contained in the statements, whether or not material to the asylum claim.  INA § 208(b)(1)(B)(iii)19 Where an immigration judge failed to make an explicit credibility finding, the respondent and any witnesses enjoy a rebuttable presumption of credibility. Id.

Burden of Proof

An applicant must show a clear probability of persecution by the government or a group the government cannot control on account of one of the protected grounds.  INS v. Stevic, 476 U.S. 407 (1984).  This is a more difficult burden (P>50%) to meet than that for asylum.  As in asylum law, however, if the applicant can show that he suffered past persecution, then that individual will receive the benefit of a presumption of a well-founded fear of future persecution.  Further, withholding of removal is mandatory if the individual meets the above clear probability test and establishes he is not barred from eligibility.

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322.08 Application for license; requirements for license and identification card forms

FL APA rules on Fair hearing (DMV)

How Do I Obtain a Florida Driver’s License

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Relationship Timeline and Documentation Legend

Bona Fide Marriage Letter INformal

Bona Fide Marriage Letter Formal

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How Do I Obtain a Full Background Check

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How Do I Obtain a Tax ID Number to File Taxes?

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Samples of Attorney Pai’s Work:

Aggravated Felony COR Ineligibility Drug Trafficking
Conviction Record BIA Issues Redacted
601 Transmittal Letter Redacted

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Affidavit of Support = A Contract of Support

I.           Beginning and End of the Contract

a.     Contract begins when the alien becomes a permanent resident (not when the 1-864 is signed)

b.     Contract ends if:

i.      Alien becomes a U.S. Citizen

ii.     Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC §401 et seq.http://apps.state.or.us/caf/fsm/15nc-e.htm

iii.   Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S.

iv.     Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor

v.      Alien dies

vi.     Sponsor dies

II.         What is the Sponsor Promising?

a. Sponsor agrees to support the Alien at 125% of the Poverty Guidelines Level. INA §213A.

http://www.uscis.gov/files/form/l-864P.pdf

III.        Who Can Enforce the Contract?

a.    Alien

b.    Federal Government

c.    State Government or Municipality/County/Etc.

d.     Any other entity that provides any means-tested public benefit[1. Means-tested public benefit means either a Federal means-tested public benefit, which is any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds has determined to be a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, or a State means-tested public benefit, which is any public benefit for which no Federal funds are provided that a State, State agency, or political subdivision of a State has determined to be a means-tested public benefit. No benefit shall be considered to be a means-tested public benefit if it is a benefit described in sections 401 (b), 411 (b), 422(b) or 423(d) of Public Law 104-193.] to the Alien

e.     Not the USCIS

IV.           Where Can the Contract Be Enforced?

a.     Any Federal Court

b.     Any State Court

V.            How Does the Suing Party Get the Sponsor’s Information?

a.     Agencies that provide means-tested public benefits may submit Forms G-845 and G-845S to USCIS to obtain the name, address and social security number of the sponsor

b.     Note: Sponsors must notify the Attorney General and the state in which the alien lives of any address changes for the entire time of the support obligation

  i. Failure to provide notice can result in fines from $250 to $2,000, or

 ii. If the Alien has received means-tested public benefits, $2,000 to $5,000

VI.    Joint Sponsors Have Accepted Joint and Several Liability for the Support Obligation

a.     Joint Liability means that the support obligation may be enforced against the sponsor and joint sponsor so that each may be liable for a portion of the total amount due.

b.     Several Liability means that the alien or any federal, state or local agencymay choose to sue only the sponsor or Joint Sponsor for the entire amount.

VII.    The 1-864 Survives Divorce and is Separately Enforceable as a Contract²

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Case Status and Processing Times

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InfoPass Appointment

Selective Service

Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today.

If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636.

If you have a social security number, you can register online (click here). It’s quick and easy.

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We can call you in the following countries.

(c) indicates we can call a cell phone in that country.

Finland

France

Georgia

Germany

Greece

Guadeloupe

Guam (c)

Hong Kong (c)

Hungary

Iceland

India (c)

Indonesia

Iraq

Ireland

Israel

Italy

Japan

Latvia

Luxembourg

Macau (c)

Malaysia (c)

Malta

Mexico

Monaco

Netherlands

New Zealand

Norway

Panama

Peru

Poland

Portugal

Puerto Rico (c)

Romania

Russia

Saipan (c)

San Marino (c)

Singapore (c)

Slovakia

Slovenia

South Africa

South Korea

Spain

Sweden

Switzerland

Taiwan

Thailand (c)

Turkey

United Kingdom

United States (c)

U.S. Virgin Islands (c)

Venezuela

Zambia

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