14 Nov What Relief is Available under Trump Mass Deportation

For those who have no valid legal stay in the United States, there are relief available to avoid mass deportation.
Many Filipinos are thinking of going back to the Philippines because they do not know their rights.

1. If you have no visa currently available at this time asylum is the only valid remedy. This is because even if you have a pending petition from family member or employer and the visa is not current, you are considered no valid stay unless your hold a valid nonimmigrant visa such as H visa or student visa.
2. You may have a U.S. citizen spouse and may qualify for adjustment of status.
3. You may have U.S. citizen children who are 21 years or over who can petition you and adjust your status.

Many Filipinos may qualify for asylum under the threat to their life in the Philippines by the New People’s Army.
You need to consult with an immigration attorney to analyze your situation.

If you decide to file asylum, you need to do it immediately because many are filing, and the government may restrict the filing by January 2025.

You can get a work permit if your asylum case has been pending for more than 150 days since filing date. When applying for asylum the applicant must prove they are persecuted on account of race, nationality, religion, political opinion and membership in a particular social group. The applicant has to establish that the asylum claim is rooted or connected in any one of these bases.

What is a Particular Social Group Under U.S. Immigration Law?
Different U.S. Asylum Officers and Immigration Judges view the “PSG” concept in various ways. However, a PSG is generally understood as an identifiable group of people viewed by their government or the persecutor as a threat. It is also often described as a group sharing a common characteristic that is so fundamental to their individual identities that the members cannot—or should not be expected to—change it.

What is common among members of PSG?
Another way that the U.S. government commonly expresses this definition is that the group is:

• made up of members who share a common immutable characteristic
• socially distinct within the society in question (though group affiliation doesn’t need to be readily visible, and could even be hidden by the members), and
• has been defined with particularity (in other words, has distinct boundaries, so that decision-makers can figure out who would be a member or not).

Who composes a Particular Social Group (PSG)?
A PSG is normally composed of persons who have a similar background, social status, lineage, experiences, or habits. The shared, immutable characteristic might be something the person was born with (such as gender, color, clan, ancestry, or family ties), or it might be a shared experience in their past (such as former property ownership, widowhood, or former gang or military conscription).

PSG affiliation doesn’t need to be voluntary, as in a group that they actually, officially joined. Members don’t even have to know each other. Then again, membership can be voluntary, as with women who refuse to comply with gender-specific laws on what they must wear.

Is there a limit to the number of people composing a PSG?
There’s no size minimum or limit on a PSG, but extremely narrow or broad definitions are unlikely to succeed. After all, most societies don’t actively persecute groups of just a few people; and it’s rare (but not unheard of) to see persecution of the majority of a country’s citizens.

What are examples of Particular Social Groups?
PSGs that have frequently been recognized by the U.S. government include tribes or ethnic groups, social classes (such as educated elites), family members of dissidents, occupational groups, LGBTI persons or those perceived as such (lesbian, gay, bisexual, transgender, and intersex), child soldiers, members or former members of the police or military (who might be targeted for assassination), and, in some cases, disabled persons and women.

What if your home government mistakenly views you as a member of a PSG and persecuted you because of that? You could still claim asylum on that basis, even if you are not actually a member of a PSG.

Is gender such as being a female considered as a member of PSG?
In relatively recent years, the U.S. government began to recognize persecution based on gender as a PSG. This allowed women to gain asylum based on having undergone (or fearing that they’ll be forced to undergo) cultural practices such as female genital cutting/mutilation, Islamic dress code requirements, forced marriage, or domestic violence.

Note:
We are offering a free consultation with regard to your immigration problem. If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.