September 16, 2021

A federal judge on Thursday blocked the Biden administration from continuing to use a Trump-era public health order to expel migrant families arriving at the U.S. southern border.

In a 58-page ruling, U.S. District Court Judge Emmet Sullivan found that the Title 42 policy does not authorize the expulsion of migrants — and, in turn, does not allow for those removed to be denied the opportunity to seek asylum in the U.S. The judge's order will go into effect in 14 days.

The 5 Bases for Asylum are:

Race, Religion, Nationality, Political Opinion , and Gender based.

One must prove that one or one's family has been persecuted in their own country in the past and because of that persecution one has a "credible fear" of returning to their home country.

The attacks or threats of violence must have been committed by government officials or criminal gangs members that the government cannot or will not protect against.

Filing Deadline - Work Authorization

Petitions for Asylum must be filed within 1 year of entry into the United States, absent extraordinary circumstances. Upon filing for Asylum a work permit can be issued after 180 days.

Preparing for Trial

We begin right away to prepare for court, gathering evidence of threats or attacks. Many times there exist no police reports or medical records of injuries. Our lawyers prepare witnesses to testify from the home country and gather proof of the threats and violence that are common in that country at time of trial.

For more information contact our attorneys at (775) 826-2099, (702) 836-9003, (415) 513-4533, or (877) 659-3771. email John Carrico: Immigration - Family Visa link button