Defense of Asylum Application occurs when a request for Asylum as a defense against removal from the U.S. for the Asylum processing to be defensive, the foreign national must be in removal proceedings in immigration court with the Executive Office for Immigration Review ( EOIR). First, the Foreign National must establish that they fear persecution in their home country. Secondly, they would be persecuted on account of at least one of five protected grounds: race, religion, nationality, political opinion, or particular social group.
If you are afraid of being tortured or persecuted in your home country, you may be eligible for protection under the Convention Against Torture (CAT). This is an international treaty that prohibits countries from sending people back to places where they would face torture. To apply for CAT protection, you need to fill out Form I-589, Application for Asylum and for Withholding of Removal, and provide evidence that it is more likely than not that you would be tortured if you return to your country. You also need to show that the torture would be inflicted by or with the consent of a public official or someone acting in an official capacity. CAT protection is different from asylum and withholding of removal because it does not require you to prove that you have a well-founded fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group. However, CAT protection is also more limited because it only prevents your removal to the country where you would face torture, and it does not grant you any immigration status or benefits in the United States.
A CATS application is a document that summarizes your academic achievements and research interests for admission to a graduate program. To prepare a CATS application, you need to follow these steps:
- Choose a program and a supervisor that match your goals and background.
- Write a statement of purpose that explains why you want to pursue this program and how it relates to your previous studies and future plans.
- Prepare your transcripts, test scores, letters of recommendation, and other supporting documents.
As an Immigration Lawyer, we are very aware of the red tape and the multiple items that could go wrong with any particular petition and/or application. Thus, this example should provide you a very clear path with which you can use to prepare your own Sibling Petition in order to proceed forward.
The sample Sibling Petition petition will give lots of great information and a significant amount of information and data that will comply with the requirements. Note that it is not an automatic grant and it is not just filling out some forms. This is your burden to prove to the immigration officer and to convince that officer you should be reinstated even after falling out of status. Thus, if you cannot hire an immigration lawyer to prepare the necessary Sibling Petition, then this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States and continue your education. Note that the adjudicating officer at USCIS is not your friend or the Consulate Officer at the U.S. Consulate deciding whether you should get this particular visa or status. Thus, you need to completely and properly document and prepare your Sibling Petition. You must properly either get legal representation via an attorney or represent yourself. Either way, if you qualify for this, you must make it as strong as possible.
We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.