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  • Writer's pictureAbogado Adalberto Pérez

U.S Court ruled that migrants must obtain a Final Judgment to be eligible to apply for Asylum.

Attorney General William P. Barr issued on Monday, July 15, 2019 the following statement:

“This Rule is a lawful exercise of authority provided by Congress to restrict eligibility for asylum. The United States is a generous country but is being completely overwhelmed by the burdens associated with apprehending and processing hundreds of thousands of aliens along the southern border. This Rule will decrease forum shopping by economic migrants and those who seek to exploit our asylum system to obtain entry to the United States—while ensuring that no one is removed from the United States who is more likely than not to be tortured or persecuted on account of a protected ground.”

The bar is subject to three limited exceptions, including:

(1) an alien who demonstrates that he or she applied for protection from persecution or torture in at least one of the countries through which the alien transited in route to the United States, and the alien received a FINAL JUDGMENT denying the alien protection in such country;

(2) an alien who demonstrates that he or she satisfies the definition of “victim of a severe form of trafficking in persons” provided in 8 C.F.R. § 214.11; or,

(3) an alien who has transited en route to the United States through only a country or countries that were not parties to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol, or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Asylum is a discretionary benefit offered by the United States Government to those fleeing persecution on account of race, religion, nationality, membership in a particular social group, or political opinion...


The purpose of this blog is to provide you with only general information ... This information should never be considered by the reader as a legal consultation for any particular person, case or circumstance ... Due to the complexity of Migration Law, you should always consult a lawyer specialized in immigration laws before starting any immigration procedure ...

In Arevalo & Meyers: Immigration Lawyers L.L.P. ... We are lawyers specialized in Immigration Law, Mexican Immigration Law, Loi sur l’immigration au Canada, and U.S. Immigration Law; We are licensed to represent our clients in Mexico, Canada and the United States, and with our professional assistance we can guide you through the process to properly resolve your case ...

© 2019 by Adalberto Perez Arevalo. All Rights Reserved.

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