Asylum for Venezuelans in the US

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What should you know about asylum for Venezuelans in the US?

Venezuela is suffering a deep political crisis. Death squads, military forces, and police kill persecute, and torture. These led millions to leave their country in terror. Asylum for Venezuelans in the US is a common topic in migration law. And the reason is simple. The US is among the countries with the largest number of Venezuelans fleeing their country. 

Further, asylum-seeking data from Venezuela shows that they have the largest number of applications. 

Most of them flee their country in terror after political persecution. Thus, they don’t know much about asylum conditions and processes. Many ignore the asylum criteria for Venezuela. They are don’t know if you can ask for asylum from Venezuela. Further, some are unsure if Venezuelans qualify for asylum for political opinion.

Venezuelan seekers fall prey to scammers that “guarantee” asylum. For example, they offer “services,” such as inventing medical histories. Thus, Ignorance about asylum for Venezuelans in the US eases these scams.

This kind of fraud angers us. We report such scammers to the authorities. But you can avoid them. Now, we’ll explain how to know if you qualify for asylum and where to start.

Political opinion asylum

You may apply for asylum on political opinion grounds if:

  • Your political opinion is against the government.
  • The government or regime-linked militias persecuted you for those opinions.
  • You have a major, “well-founded” fear that they will persecute you.

Now, what is a political opinion in US migration law? Sadly, there is no exact concept. However, we can define it as an opinion about a set of political doctrines, trends, or policies.

How can you qualify for asylum on these grounds? First, you must prove the regime or its thugs persecuted you or will do so for these.

Note: many people believe that they must show the regime persecuted them. This is not true! We’ve won asylum for Venezuelans in the US based on fear of future abuse.  

Hence, this is the legal standard in all asylum cases. (However, if you were persecuted, the law expects it will occur again. This makes the case easier, but you don’t need past abuse.)

How can a Venezuelan qualify for asylum in the USA?

The USCIS processes asylum cases through an agency called the Asylum Office. You will need to convince an officer that you’d be in danger if you return to Venezuela.

There are five grounds under which a person can apply for asylum. However, most Venezuelans seek asylum due to their political opinions.

Your task is getting data about your persecution for your political opinions. Yet, you don’t need to be a member of a political party.

For example, scholars were persecuted for criticizing the regime. Also, the regime jailed public servants for their political opinions. Hence, all these qualify as potential asylum applicants.

A common question is the difference between asylum-seeker and refugee. The main is that a refugee isn’t in the US and hasn’t moved to another country. 

Thus, you can apply for asylum protection from Venezuela. Yet, if you win your asylum case, your status turns into that of a refugee. Some think the only option is applying in the US, but you can do it from abroad. 

How can we help you with asylum for Venezuelans in the US?

Most asylum-seekers come with a tourist visa and apply for asylum. You must do this within one year of your arrival. 

What are your options if you don’t have a way to come legally to the US? You can travel to the US as an undocumented migrant. Yet, you will pass through a defensive asylum process. Thus, authorities will send you to a detention center or you’ll follow your case from another country.

Further, the US doesn’t have diplomatic relations with Venezuela, so they cannot send you back. Thus, you can end up detained in the US. This is one of the major risks of asylum for Venezuelans in the US.

Hiring an immigration lawyer does not warrant100 % success. There are no guarantees in life. However, it raises the chances of political asylum for Venezuelans in the US. (After all, the government has a trained lawyer fighting for it – shouldn’t you?) 

Still, asylum is a process, a case built brick by brick. It is fought with facts, law, and procedure. Location matters, as does the asylum officer or judge. Often, it requires public pressure and lawsuits to spur action. We have done all these for our clients.

Every case is different, and the law itself changes. Your case may need to be rebuilt as you go along. Also, there are lots of moving parts. It’s not as simple as just telling your story. 

But let us help you steer: You are not alone.

Reach out to us by jumping on a call, or filling our contact form!

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September 16th

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Even after 20 years of practice, it still feels like magic: a client walking into the US, full of fear, no visa, no hope, and wins asylum, and as of today, proudly holds a green card. This case sticks out for me, though. Here's why:Former AG Jeff Sessions changed the law during his tenure to make cases like my client's nearly impossible to win. (Matter of A-B-) which has since been vacated under Biden.But at the time of his trial, it was still good law.Our judge made a crucial factual distinction based on how we presented the case, and actually held that A-B- didn't apply.It was legal poetry.My client, moments before the decision, came to me with tears in his eyes.He said, "Can you ask them to just grant asylum for my daughter? I'll go back if they do. The gang will kill me but at least I'll know my daughter will be safe."I still don't know who was cutting onions on the courtroom that day.Thankfully it wasn't necessary. The judge granted asylum to father and daughter.And now they have green cards.And guess what, haters? They did it the right way, even though neither of them had a visa when they entered the US!Contact us!📞: +1(703) 964-0245✉️: [email protected]🌐: linktr.ee/TheHMALawFirm ... See MoreSee Less
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