Escape from Persecution and Chaos
Numerous provisions of United States law, some carrying out international agreements, allow temporary, indefinite, and/or permanent residence for persons whose countries of origin are places of chaos, special designation, or possible persecution. We have separated these provisions into several groups for comparative discussion. Links to the discussions are imbedded in the paths mentioned below.
- Avoiding Persecution
- Refugees-persons brought in from outside the U.S. based on feared persecution on certain grounds.
- Asylees-persons who have entered the U.S. claiming, or subsequently claiming, fear of persecution on certain grounds.
- Withholding of Removal-persons in the U.S. who are likely to face persecution on certain grounds and do not qualify for asylum.
- Convention Against Torture-persons who
- Temporary Protected Status
- Adjustment for Polish & Hungarian Refugees
- Cuban, Nicaraguan and Haitian Adjustment Acts
- Suspension for Salvadorans, Guatemalans, and for Soviets
- Lautenberg Amendment for Soviets, Vietnamese, Laotians and Cambodians
- Humanitarian Parole
Frankly, these provisions, along with removal grounds and proceedings, are the most complex and confusing in immigration law. Unfortunately, they often arise in context of removal proceedings, compounding the complication and the consequences at stake. And the unfortunate reality is that these complications often face people who, because of the fear and chaos they have escaped so far, are least capable of paying for expensive representation needed to press their positions. We salute the many non-profit agencies and private attorneys who provide pro bono representation in these cases to the extent they can.
How We Can Help
Baker Donelson’s Immigration Group represents clients who fear persecution or chaos in their countries of origin and develops strategies for pursuing the most advantageous available paths to temporary and/or permanent status. Because persons fleeing harm may be qualified for other types of immigration benefits, often we combine such efforts with pursuit of nonimmigrant status as a short term measure and/or other permanent residence paths as alternative options. We also represent clients in removal proceedings, where the claims above are made as requests for relief from removal. Sometimes these cases result in court litigation. These matters can be quite complex, and our Team’s longstanding, wide-ranging experience in writing about all of these issues for the benefit of attorneys across the U.S. demonstrates the knowledge necessary to coordinate the cases.
Consult with us for assistance with a case.