National Origin and Ethnic Groups
NATIONAL ORIGIN AND ETHNIC GROUPS
National origin as a basis for asylum is explicitly laid out in U.S. Immigration Law. It is closely related to claiming asylum on the basis of ethnic groups, but it is a distinct category. Nationality is concerned with a group of people’s shared political history or aspirations and nationalities tend to be associated with certain geographical areas or independent states. Ethnic groups on the other hand, are social groups that are identified by others based on having a shared cultural history–particularly shared linguistic history.
These concepts in practice often overlap, but they are technically distinct. Ethnic groups tend to cross state and political boundaries where nationality may not. Persecution based on a person’s ethnic group is also a basis to seek asylum and has been recognized in case law. Ethnicity is often publicly seen to overlap with race (another basis for asylum), but it is distinct from race. Racial categories tend to be broader than ethnic categories and often encompass multiple ethnic groups at the same time.
National origin can be the basis for asylum, but U.S. caselaw suggests that it is a harder and less frequently used basis to achieve asylum than other grounds. Nevertheless, if a person has been persecuted or fears persecution because of their minority national origin in their country of residence (say for example, you were persecuted because your parents were from a neighboring country), then you may have a claim for asylum based on nationality.
Asylum claims based on ethnicity are also possible. Although ethnic groups are not one of the five protected grounds under U.S. asylum law, ethnic group-based asylum claims have been granted under “membership in particular social groups.” It is not important that you yourself identify with being part of a specific ethnic group, but rather that the persecutor perceives you to be and harmed you (or wants to harm you), because of their perception that you are part of an ethnic group.
Indigenous people have qualified for asylum in the past, based on persecution related to their indigenous ethnicity, and traditionally linguistic groups that are minorities in their countries have been able to qualify. If you have been harmed because of your nationality, or your ethnic group, or if you fear future harm based on one of these categories, do not hesitate to contact us. You may have a valid claim to protection under U.S. asylum law.
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The U.S. asylum process is very complicated, so the best chance of success comes by working with an experienced asylum attorney. We are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way. Your citizenship and your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys at toll free at (888) ZONTLAW / (888) 9668529
Can I ask for political asylum from outside the US?
NO. To apply for political asylum, you must be in the United States (embassies or diplomatic missions outside the US will not help you in this matter). Being outside the US, you can only apply for refugee status and this procedure is also a complicated procedure.
Can I apply for asylum when crossing the border?
This is possible, and such cases often occur at the border crossing with Mexico. The application directly on the border is an extreme measure. A very important point is that when you cross the border without the necessary permission (US visa) and asylum application, you are most likely to be detained and placed in an immigration prison where you will conduct initial inquiries and check all the facts you previously stated . The decisions of the border service can be delayed for weeks or even months.
Can I apply for political asylum if I am illegally in the US?
You have the right to defend and examine your application, even if you are in an illegal status. It is very important that this happens in the first year of your stay in the country. Otherwise, you have to argue, there are compelling reasons why you did not do this before.
How long does it take to get an interview for asylum?
Beginning on January 29, 2018, the Immigration Department for Asylum (USCIS Citizenship and Immigration Service Group) will give priority to the newest applications when assigning interviews. Such a change in the schedule of interviews will make it possible to weed out those applicants who use groundless statements and try to use this process solely to obtain a work permit and will enable the USCIS to immediately identify such persons and begin the process of their deportation. In reality, the new Priority will allow the USCIS to make decisions on qualified asylum seekers more quickly and efficiently.
Can I apply for asylum with a minimum of materials, and send documents and evidence after I apply?
It is possible, but we do not recommend it. In cases where you sent an off-the-shelf petition, the fact of not being prepared may negatively affect your interview and raise suspicions about the reliability of the information provided earlier.
Is it possible to apply for political asylum without a lawyer?
Some apply for political asylum on their own, filling out Form I-589 and attaching a declaration. Applicants, who apply for political asylum in the US do not need to hire a lawyer and an interpreter to apply for political asylum in the United States. But you need to consider important points: 1. Immigration Attorneys analyze the facts of persecution, apply immigration laws to the facts. 2. Attorneys help applicants to fillout the necessary immigration forms and not make any mistakes in their filing. 3. Attorneys help Applicants prepare for the interview, correctly write a declaration, collect documents. 4. Attorneys have the right to intervene in the process by using immigration law at all stages of the proceedings. 5. Attorneys can help find an interpreter and represent refugees in interviews and in the process of deportation to the immigration court. When your future is at stake, you need to weigh everything for and against the participation of a Attorneys in your process. Consult the Immigration Attorneys – Here
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Zontlaw Julia Greenberg Immigration Attorney
1733 Sheepshead Bay Road Suite 22, Brooklyn
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4 months ago
All through our immigration process, which took about 5 years, Julia Greenberg demonstrated professionalism, exemplary work ethics and deep knowledge of immigration law. She was always available and provided thought through answers to our … More multiple questions. In my opinion, what really distinguishes Julia from other immigration lawyers we have worked with is that she is willing to go the extra mile for her clients. The fact that the prosecutor in our case complimented Julia for her outstanding effort serves as the best proof of her professionalism.
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3 months ago
This firm is just amazing ! I wouldn’t have picked a better immigration lawyer. Julia is amazing she is very understanding and took care of my husbands and I case very throughly. My case was a bit complicated and she helped us manage it … More . She helped us prepare very well . Julia was also very responsive at all times . I recommend her team in a heart beat to anyone who needs help in immigration matters. Amazing results!
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9 months ago
I am an athlete whose I-140 was initially denied by the USCIS. I was lucky to find Julia, who in just couple of days was able to correct my case and gather, review necessary documents and file a timely appeal. In just 3 months after she … More did it, my case was approved. Thanks to Julia I am now designated to be extraordinary in the eyes of USCIS.
Totally recommend you guys to contact Julia, she is the best Lawyer as good person. -
10 months ago
Julia is fantastic! She is efficient, honest and trustworthy! Our case was lost and after countless attempts to reach USCIS, I finally called Julia. She managed to resolve our issue very fast. I highly recommend Julia and her team!
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a year ago
Julia is a lawyer with a big heart.
I worked with Julia directly. Calls, correspondence were only with her. I felt strong support. It is very difficult to find a lawyer who are really involved in your case. But Julia is the right lawyer. … More With her you are in good hands.
As Julia says, I will fight to the end. -
11 months ago
It was a pleasure working with Julia! She is a very professional immigration layer and is very responsive, which was very important to us.
Julia helped us with the citizenship case delay and picked up the marriage case. Both cases were … More successfully completed by her, while the previous layer has failed to do.
Highly recommended! -
9 months ago
Highly recommended!!!!
100% professional attorney! She knows her job!
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If you have any questions regarding immigration - just call to Julia Greenberg!
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