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Central American asylum seekers sent to Mexico are becoming victims of kidnappings.

Under the Remain in Mexico program, asylum seekers are sent to Mexico for the duration of their cases. These asylum seekers are increasingly becoming victims of kidnappings. Doctors without Borders said in September 2019 that 44% of their patients had been victims of kidnappings, with another 12% being victims of attempted kidnappings. By October 2019, the percent of patients who were kidnapping victims was 75%. CBP Commissioner Mark Morgan discussed the report in a briefing on February 11, saying that the report did not reflect CBP’s understanding of the security situation in Mexico. Morgan also said that CBP would work with the Mexican government to encourage asylum seekers to stay in shelters and not in encampments where they may be more vulnerable to attacks.

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Asylum meaning

The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs, those asylum seekers would have arrived in the U.S. before the rule went into effect.

Asylum

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Asylum applicants

Asylum meaning

Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S.  The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.

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Asylum meaning

The U.S. and Guatemala made an agreement to send asylum seekers at the U.S. border to Guatemala instead. On Thursday, the first Honduran asylum seeker was sent to Guatemala under the agreement. He had arrived at the border near El Paso, Texas, but was flown to Guatemala. This policy has been criticized, since Guatemala suffers from many of the same dangers as other Central American countries, including gang violence. Because of this, it is unclear how many asylum seekers will be sent to Guatemala or will return to their home countries instead. In this first case, the man has already asked for assistance to return to Honduras from Guatemala.

Asylum meaning

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Asylum applicants

One year asylum issue

On November 8, the Trump administration announced a proposal that would increase fees significantly for a range of immigration applications and forms, including citizenship and DACA renewals. The proposal would also institute a $50 fee for asylum applications and a $490 fee for work authorization. The proposal was officially published on November 14 and will have a month-long comment period.

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Asylum meaning

Asylum applicants

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BIA Finds Respondent Subject to “Material Support” Bar Because of Cooking and Cleaning She Performed Under Threat of Death

In a decision published recently, the BIA remanded the record to the immigration judge for entry of a new decision after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes aided them in continuing their mission of armed and violent opposition to the Salvadoran government.12:54 AM

Asylum: questions and answers

If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a refugee travel document in place of a passport).

Additional rights will become yours with time, such as that to apply for a U.S. green card after one year, and to apply for U.S. citizenship four years after that. Learn more about how to protect and make the best use of your refugee or asylum status here. However, you MUST apply for the Green Card after the one year grant. It is not automatic and will not happen unless you apply.

Question: Can I bring my spouse and children into the U.S. now?

Answer: Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum. If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member.

For your spouse to be eligible for asylum, the two of you must have been legally married (that is, with a government-issued certificate) before you were granted asylum. For your children to be eligible, they must be unmarried and younger than 21. Thereafter, once you qualify for the Green Card or residency, they will as well.

Asylum and withholding of removal

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How to apply for political asylum

My husband is beating me. You can apply for gender based asylum.

“My Husband beat me”. Now it is possible to apply for Asylum.

Question: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply for something so I do not have to go back to my home country?

Answer: Yes, it may be possible to apply for gender based asylum. This is not your normal ‘political’ asylum, but rather, one based on ‘gender based immigration. This would be considered a social group.

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https://californiaimmigration.us/asylum/

Eligibility for asylum

The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.

Refugees/Asylee

Asylum

Asylee relative petitions

How to apply for political asylum

Don’t commit fraud with Asylum

(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.

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