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What are the chances of applying for asylum with an aggravated felony?
Chances are zero. Any aggravated felony makes you inherently ineligible for asylum.
BUT can apply for withholding of removal, which is a stricter standard. Withholding, unlike asylum, does not lead to permanent residency (green card) status, but get to stay here and work here legally.
To get asylum must establish either "past persecution" or "well founded fear of future persecution." To get withholding of removal, must establish that is "more likely than not" to face persecution if returned home.
The discussion about the difference between "well founded fear" and "more likely than not" have filled volumes, but basically it is harder to get withholding than asylum.
If the crime is a "particularly serious one" (for example all drug trafficking offenses are particularly serious), then the only remaining hope is C.A.T. (Conventions Against Torture) which is where the person has a fear of being tortured if returned.
Also asylum has a one year deadline - withholding and C.A.T. have none.
To summarize, if you have non-agg. felony convictions, or no convictions, go for asylum.
If have aggravated felonies, go for withholding of removal.
Certain agg. felonies are considered particularly serious, and the remaining option is C.A.T.
Most people who apply for asylum just apply for withholding and C.A.T. at the same time using the I-589 form. The court will consider the applicant for all three if he so indicates on the form, such as by checking off the box asking for C.A.T.
Chances are zero. Any aggravated felony makes you inherently ineligible for asylum.
BUT can apply for withholding of removal, which is a stricter standard. Withholding, unlike asylum, does not lead to permanent residency (green card) status, but get to stay here and work here legally.
To get asylum must establish either "past persecution" or "well founded fear of future persecution." To get withholding of removal, must establish that is "more likely than not" to face persecution if returned home.
The discussion about the difference between "well founded fear" and "more likely than not" have filled volumes, but basically it is harder to get withholding than asylum.
If the crime is a "particularly serious one" (for example all drug trafficking offenses are particularly serious), then the only remaining hope is C.A.T. (Conventions Against Torture) which is where the person has a fear of being tortured if returned.
Also asylum has a one year deadline - withholding and C.A.T. have none.
To summarize, if you have non-agg. felony convictions, or no convictions, go for asylum.
If have aggravated felonies, go for withholding of removal.
Certain agg. felonies are considered particularly serious, and the remaining option is C.A.T.
Most people who apply for asylum just apply for withholding and C.A.T. at the same time using the I-589 form. The court will consider the applicant for all three if he so indicates on the form, such as by checking off the box asking for C.A.T.