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CK Law Firm content editor Özlem Kara sat down with Ergül Çeliksoy, a founding partner of CK Law Firm and an expert in E-2 Investor Visa, to address the most frequently asked questions on Ekşi Sözlük regarding E-2 Investor Visa. We thank Ergül Çeliksoy for this insightful and enjoyable interview.
By reading this blog, you will find answers to the following questions:
- What is the E-2 Investor Visa?
- Who Can Apply for the E-2 Investor Visa?
- What Documents Are Required for the E-2 Visa?
- Requirements for the E-2 Visa
- E-2 Visa Application Process
What is the E-2 Investor Visa?
The E-2 Investor Visa allows citizens of treaty countries to establish or purchase a business in the United States by making a significant investment. This visa enables investors to live in the U.S. and manage their businesses.
The E-2 visa also allows family members (spouse and children under 21) to reside in the United States. However, it is not an immigrant visa, meaning it does not directly lead to a Green Card. The visa duration can be extended based on the continuity and success of the business.
Who Can Apply for the E-2 Investor Visa?
Individuals who meet the following criteria can apply for the E-2 Investor Visa:
- Must be a citizen of a country that has an E-2 visa treaty with the United States.
- Must invest a significant amount of capital in a U.S. business.
- The investor must actively manage and control the business operations.
- The investment must carry commercial risk and contribute to the U.S. economy.
- The investment source must be legal, and the business must be operational.
What Documents Are Required for the E-2 Visa?
To apply for the E-2 Visa, the following documents must be carefully prepared:
- Passport
- DS-160 Application Form
- Photo
- E-2 Business Plan
- Proof of Investment
- Business-Related Documents
- Employee Documentation
- Previous Business Experience Records
- Intent to Return Documentation
Requirements for the E-2 Visa
- Qualified Investor Status
The applicant must be a national of a country that has a treaty of commerce with the United States. - Significant Capital Investment
The investment must be substantial and sufficient to make the business operational and sustainable. The investment must be at risk and actively used in business operations. - Active Business Management
The investor must actively manage the business operations. Passive investments do not qualify for the E-2 visa. - Genuine and Commercially Viable Investment
The business must be a real, active, and operating enterprise that generates income and contributes to the U.S. economy. - Business Sustainability and Plan
The investment must create employment opportunities for U.S. citizens or Green Card holders. A detailed business plan is essential to demonstrate the business’s long-term viability. - Irrevocable Investment
The investment must not be speculative and must be subject to financial risk. - Temporary Stay
The E-2 visa is a non-immigrant visa, but it can be renewed as long as the business remains operational. - Family Members
Spouses and children under 21 of the E-2 visa holder can accompany the investor. Spouses can work, and children can attend school.
E-2 Visa Application Process
- Preparing the Business Plan
A comprehensive business plan must be created to outline the investment details, business operations, and sustainability. - Compiling the Required Documents
All necessary documents, including financial details, proof of investment, and active management involvement, must be prepared meticulously. - Consular Interview
Applicants must attend an interview at the U.S. Consulate to explain their business plan and investment. - Visa Approval and Entry to the U.S.
Once approved, the investor can enter the U.S. to start or take over the business.
Closing Notes from Ergül Çeliksoy
The E-2 visa offers a unique opportunity for investors who wish to establish or manage businesses in the U.S. However, thorough preparation, a solid business plan, and active business involvement are essential for success. For questions regarding E-2 eligibility and documentation, you can visit cklawfirm.org, email us at info@cklawfirm.org, or reach me directly on LinkedIn.
Asım Kılınç, Immigration Attorney, CK Law Firm
Various visa options are available for startup founders and entrepreneurs to work in the United States. In this article, we will discuss how startup founders can apply for the U.S. O-1 visa while providing an overview of the O-1 visa itself. Below are the key topics we will cover in this post:
- Why Should Startup Founders Prefer the O-1 Visa?
- What Should You Consider When Applying for an O-1 Visa as a Startup Founder?
- What Are the Benefits of Applying for an O-1 Visa for Entrepreneurs?
- How Long Is the O-1 Visa Valid? How Many Years Can I Stay in the U.S.?
We frequently hear these questions from the clients we advise, and I will share the answers with you in the following sections of this article. However, if you have additional questions or if there’s anything unclear, please don’t hesitate to reach out. You can always contact us through the comment section of this blog or via the official CK Law Firm website. Additionally, feel free to connect with me directly on LinkedIn for personalized communication. Happy reading!
Why Should Startup Founders Prefer the O-1 Visa?
The O-1 visa is suitable not only for individuals with extraordinary abilities who receive a job offer but also for those establishing a startup in the U.S. With an O-1 visa, you can obtain a personal visa and start working for your own startup. However, it’s important to note that you cannot self-sponsor your O-1 visa application. Instead, the legal entity of your startup can act as your sponsor.
Proving Your Employment in Your Own Startup
Another important point to keep in mind is that you must prove you are an employee of your own startup or venture. This may require relinquishing certain authorities to demonstrate your employee status within the company. To clarify, it means that one or more individuals must have specific authority over you, such as the ability to hire, pay your salary, or terminate your employment if necessary.
No Previous Establishment Requirement for Startups
One of the biggest advantages of obtaining an O-1 visa for entrepreneurs and startup founders in the U.S. is that there is no requirement for the company to have been established in another country. In other words, you can apply for an O-1 visa and legally start working by founding a startup solely in the U.S. Moreover, there is no minimum annual revenue requirement during this process. It is sufficient for your startup to contribute economic or innovative value to the country.
Duration and Extension of the O-1 Visa
Another significant advantage of the O-1 visa is that it grants you the right to live and work in the U.S. for up to three years without restrictions. At the end of this period, you can extend your visa, provided you meet the necessary conditions. Additionally, the O-1 visa offers the opportunity to apply for a Green Card, allowing you to live and work permanently in the U.S.
Another important advantage of the O-1 visa is that it allows you to live and work in the U.S. for up to three years without any limitations. At the end of this period, you can extend your visa as long as you meet the necessary requirements. Moreover, the O-1 visa provides the opportunity to apply for a Green Card, giving you the chance to live and work permanently in the U.S.
These flexible conditions make the O-1 visa an attractive option for many foreign investors and startup founders aiming to pursue entrepreneurship in the U.S.
What Should You Consider When Applying for an O-1 Visa as a Startup Founder?
As an entrepreneur or startup founder, there are several critical steps you should consider before applying for an O-1 visa. These steps can be summarized as follows:
- Company Formation: Establish your company in the U.S. at least three months before applying to strengthen your visa application.
- Employer Identification Number (EIN): The EIN is a tax ID issued by the IRS, required for taxes, hiring, and financial transactions. Without it, you cannot open a U.S. bank account or hire employees. O-1 visa applicants must have an EIN.
- Company Documents: Submit your company’s formation documents (e.g., Articles of Incorporation) to prove official status. These must be approved by the state.
- Open a U.S. Bank Account: A U.S. bank account shows your business operates legally. Provide the EIN and formation documents when opening the account.
- Business License: Depending on your industry, you may need a license. Some states require it for certain services.
- Website and Brochure: Create a professional website and brochure to help immigration officers understand your business.
- Mailing Address: Have a mailing address for USCIS correspondence. A commercial address is preferable over a residential one.
- Office Address: An O-1 petition requires a work location. Use an actual office address, not a virtual or residential one.
- Prove Operations: Provide evidence of active operations, such as fundraising documents, contracts, or media coverage.
What Are the Benefits of Applying for an O-1 Visa for Entrepreneurs?
There is no specific time restriction for applying for a U.S. O-1 visa. This flexibility allows you to submit your application at any time once you have prepared the necessary documents. While applications are typically processed within 2 to 3 months, those who wish to expedite the process can use the Premium Processing Service, which reduces the evaluation time to as little as 15 days.
One of the key advantages of the O-1 visa is that it can be extended without any time limitation. Initially granted for a period of 3 years, the O-1 visa can be renewed indefinitely, provided valid justifications are presented. Additionally, O-1 visa holders may apply for a Green Card through the EB-1A visa if they meet certain conditions, allowing them to obtain permanent residency in the U.S.
Another important advantage of the O-1 visa is that it has no quota restrictions. This allows entrepreneurs and startup founders to apply for the visa at any time without being affected by a limited application cap. The flexible nature of the O-1 visa provides a significant opportunity for foreign entrepreneurs who wish to establish businesses and develop long-term projects in the U.S.
How Long Is the O-1 Visa Valid? How Many Years Can I Stay in the U.S.?
The O-1 visa is initially granted with a maximum validity period of 3 years. This duration is determined based on the visa holder’s project or employment contract in the U.S. For example, if you apply for an O-1 visa as an entrepreneur for a specific business project, the visa may be approved for less than 3 years, depending on the project’s timeline. However, after the initial 3-year period, visa holders can request annual extensions by providing valid reasons and demonstrating that their activities in the U.S. are ongoing. There is no limit to the number of extensions, but each extension request must be supported by documentation proving the continuation of the project.
The O-1 visa, with its flexible duration and unlimited extension options, is an attractive choice for entrepreneurs aiming to execute long-term projects in the U.S. Moreover, O-1 visa holders who meet certain criteria can apply for a Green Card through the EB-1A visa, allowing them to obtain permanent residency in the U.S. This feature makes the O-1 visa not just a short-term solution but an integral part of long-term immigration plans.
Therefore, if you are looking to open the door to working and living in the U.S., feel free to seek assistance through our website. You can also reach out to me directly via LinkedIn.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Embarking on the immigration journey to the United States can be both exciting and overwhelming. However, the complexity of immigration laws and procedures often leads to common mistakes that can delay or derail your application. Through the experiences of fictional characters like Maria, a hopeful immigrant from Brazil, and Ahmed, an engineer from Egypt, this blog will highlight frequent immigration errors and provide actionable tips on how to avoid them.
1. Incomplete or Incorrect Application Forms
Maria’s Story: Maria dreamed of reuniting with her husband in the U.S. She diligently filled out her visa application but missed a critical section about her previous travel history. This oversight led to delays and additional requests for information.
Tip: Carefully review your application forms multiple times to ensure all sections are completed accurately. If you’re unsure about any part, seek assistance from an immigration attorney or a reputable immigration service provider.
2. Missing Deadlines
Ahmed’s Story: Ahmed, a skilled engineer, secured a job offer from a U.S. company. However, he missed the deadline to file his H-1B visa petition due to a misunderstanding of the application timeline. This mistake forced him to wait another year to reapply.
Tip: Keep track of all deadlines associated with your visa application. Create a timeline and set reminders for important dates. Consulting with an immigration lawyer can help you stay on top of deadlines and avoid costly delays.
3. Providing Inconsistent Information
Maria’s Story Continues: During her interview, Maria inadvertently provided a different date for her marriage than what was on her application. This inconsistency raised red flags, resulting in further scrutiny and delays.
Tip: Ensure consistency in all information provided across various forms and documents. Keep a personal record of all dates and details submitted to avoid discrepancies during interviews or follow-up inquiries.
4. Not Preparing for the Interview
Ahmed’s Story Continues: Ahmed was excited about his visa interview but underestimated its importance. He didn’t prepare thoroughly and struggled to answer questions about his employment and qualifications, leading to a denial.
Tip: Treat your visa interview seriously. Practice common questions, gather all necessary documents, and dress professionally. Familiarize yourself with your application details to confidently discuss them during the interview.
5. Ignoring Legal Advice
Maria’s Story Continues: Maria was advised by her friend to omit certain details about her prior visa refusal, thinking it would improve her chances. This advice backfired, resulting in a denial due to misrepresentation.
Tip: Always seek advice from qualified immigration attorneys rather than relying on friends or unverified sources. Honest and transparent communication with immigration officials is crucial for a successful application.
6. Not Maintaining Legal Status
Ahmed’s Story Concludes: After arriving in the U.S., Ahmed neglected to maintain his visa status by failing to renew it on time. This lapse resulted in legal complications and jeopardized his stay.
Tip: Always be aware of the conditions and expiration dates of your visa. Take proactive steps to renew or adjust your status well before it expires. Consult with an immigration attorney if you face any uncertainties.
7. Overlooking Financial Requirements
Maria’s Story Concludes: Maria didn’t realize that she needed to provide proof of financial support for her family-based visa application. This omission led to delays and additional paperwork.
Tip: Ensure you meet all financial requirements for your visa category. Gather necessary documents such as affidavits of support, bank statements, and employment verification to demonstrate your financial stability.
8. Misunderstanding Eligibility Criteria
Ahmed’s Story Ends: Ahmed mistakenly believed he qualified for a visa category based on incorrect advice from an online forum. His application was denied, costing him time and money.
Tip: Thoroughly research the eligibility criteria for the visa category you are applying for. Use official resources like the USCIS website or consult with an immigration attorney to verify your eligibility before applying.
Conclusion
The immigration process is fraught with potential pitfalls, but with careful preparation and the right guidance, these common mistakes can be avoided. By learning from the experiences of Maria and Ahmed, you can better navigate your own immigration journey. CK Law Firm is here to assist you every step of the way. Contact us today for expert advice and support tailored to your unique situation.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
Preparing for your immigration interview is a crucial step in the immigration process. Whether you’re applying for a visa, green card, or citizenship, the interview can determine the success of your application. Drawing on years of experience as an immigration attorney, I’ve seen firsthand how proper preparation can make a significant difference. This detailed guide will provide you with essential tips, advice, and examples from actual interviews to help you succeed.
Understanding the Importance of the Immigration Interview
The immigration interview is designed to verify the information you’ve provided in your application and assess your eligibility. It’s a formal process where the interviewer will ask questions related to your application, background, and intentions in the U.S. Failing to prepare adequately can lead to misunderstandings, delays, or even denials.
General Preparation Tips
1. Review Your Application Thoroughly
- Example: I had a client, Sofia, who applied for a family-based green card. Before her interview, we reviewed her entire application together. This helped her recall details about her marriage, financial status, and travel history, ensuring consistency in her answers.
2. Gather and Organize Your Documents
- Checklist:
- Passport and visa
- Birth certificates
- Marriage certificates (if applicable)
- Employment letters
- Financial documents (bank statements, tax returns)
- Application forms and receipts
- Any correspondence from USCIS or the consulate
3. Understand the Interview Format
- Example: Ahmed, another client, was applying for citizenship. I explained that his interview would include questions about his background, his knowledge of U.S. history and government, and his English proficiency. Knowing what to expect helped him feel more confident.
4. Practice Common Questions
- Typical Questions:
- Why do you want to move to the U.S.?
- Can you tell me about your employment history?
- How did you meet your spouse? (for marriage-based applications)
- Have you ever been involved in any criminal activity?
- Do you plan to return to your home country?
5. Dress Appropriately
- Dress in professional, conservative attire to show respect for the process and the interviewer.
Specific Interview Scenarios
1. Family-Based Immigration Interviews
- Scenario: Maria was applying for a green card through her U.S. citizen spouse. During the interview, the officer asked about their relationship history, how they met, and their daily routines.
- Preparation Tip: Couples should discuss their relationship details and be prepared to answer personal questions. Bringing photo albums and joint financial documents can also help substantiate the relationship.
2. Employment-Based Immigration Interviews
- Scenario: John was applying for an H-1B visa. The officer questioned his job duties, qualifications, and the sponsoring company’s details.
- Preparation Tip: Review your job description, qualifications, and the company’s background. Ensure that all provided documents, such as employment contracts and letters, are accurate and up-to-date.
3. Naturalization (Citizenship) Interviews
- Scenario: Fatima was nervous about the civics test portion of her naturalization interview. We practiced U.S. history and government questions together, and she studied the official USCIS materials.
- Preparation Tip: Study the 100 civics questions provided by USCIS. Practice reading, writing, and speaking English to prepare for the language portion of the test.
Best Practices for the Day of the Interview
1. Arrive Early
- Plan to arrive at least 30 minutes before your scheduled interview time to account for security checks and any unforeseen delays.
2. Stay Calm and Composed
- Take deep breaths and stay calm. Answer questions honestly and clearly. If you don’t understand a question, it’s okay to ask the officer to repeat or clarify it.
3. Be Honest
- Honesty is crucial. Providing false information can lead to denial and even future immigration issues. If you don’t know the answer to a question, it’s better to say so than to guess or provide inaccurate information.
4. Bring a Translator if Necessary
- If you’re not fluent in English, you can bring a translator. Ensure the translator is certified and familiar with your case.
Post-Interview Tips
1. Follow Up
- After the interview, you may receive a notice with additional requests for evidence or a decision. Respond promptly to any requests to avoid delays.
2. Stay Informed
- Keep track of your case status online using the USCIS or consulate’s case tracking tools. Regularly check for updates and notifications.
3. Consult Your Attorney
- If you have any concerns or receive additional requests for information, consult with your immigration attorney immediately. They can provide guidance on the next steps and help address any issues that arise.
Conclusion
Preparing for your immigration interview is a critical step toward achieving your immigration goals. By thoroughly reviewing your application, practicing common questions, and understanding the interview process, you can approach your interview with confidence. At CK Law Firm, we are dedicated to guiding you through every step of the immigration process. Contact us today for expert legal advice and personalized support.
By Ozlem Kara, Content Editor at CK Law Firm
CK Law Firm’s content editor Özlem Kara and CK Law Firm’s co-founder specializing in the EB-2 National Interest Waiver visa, Attorney Ergül Çeliksoy, came together on Ekşi Sözlük to answer the most frequently asked questions about the EB-2 NIW visa. We thank Ergül Çeliksoy for the enjoyable interview.
After reading our interview with Mr. Ergül, you will find answers to the following questions:
- What is the EB-2 National Interest Waiver?
- What are the Advantages of the EB-2 National Interest Waiver Visa?
- Who Can Apply for the EB-2 National Interest Waiver?
- What Conditions Must You Meet to Apply for the EB-2 National Interest Waiver?
- How Does the EB-2 National Interest Waiver Application Process Proceed?
- How Much Do You Have to Pay USCIS to Apply for the EB-2 National Interest Waiver?
- What Awaits You After Applying for the EB-2 National Interest Waiver Visa?
Hello Mr. Ergül, we would like to get to know you and your career better. Can you tell us about yourself?
Certainly. In 2017, I completed my master’s degree in international law and human rights law at the University of Nottingham, and then I began my doctoral studies at the same university. In 2022, I earned my doctorate in law from the University of Nottingham School of Law. Through my publications, research, and articles in my field, I gained international recognition. I have dealt with many cases and now, with the experience I have gained, I offer effective and solution-oriented services to my clients at CK Law Firm, helping them with their new lives.
Mr. Ergül, the EB-2 NIW visa is popularly known as the academic visa. So, what exactly is the EB-2 National Interest Waiver visa?
The EB-2 NIW visa is designed to allow individuals who are experts in their field to come to the United States to continue their professional lives and contribute to the country. It is not just for academics; nearly anyone who has made significant contributions in their field and has been highly successful can apply for this visa. The visa supports the brain drain of successful individuals. The EB-2 National Interest Waiver (NIW) visa allows you to apply for a Green Card without the need for a sponsor or employer. With this visa, you can gain the right to live and work in the United States, and apply for citizenship after 5 years. Additionally, if you obtain this visa, your spouse and children under 21 can also live in the United States and apply for citizenship.
You mentioned that highly successful individuals can apply. What kind of success is required, and who can apply for the EB-2 NIW visa?
Although the EB-2 NIW visa is popularly known as the “academic visa,” this is not entirely accurate. The visa does not focus on the profession but rather on the applicant’s significant success and the ability to demonstrate it with documentation.
What advantages does the EB-2 National Interest Waiver visa offer over other visa types?
One of the main advantages of the EB-2 visa is that you do not need a job offer or sponsor from the United States. Additionally, unlike other visa types, you do not need to invest or have a large sum of money in your bank account. Furthermore, this visa allows you to obtain a Green Card.
Mr. Ergül, you mentioned that you do not need a large sum of money or to be from a specific profession to apply for the EB-2 NIW visa. What are the requirements to apply for the EB-2 NIW visa?
As I briefly mentioned above, the primary philosophy of the EB-2 NIW visa is to encourage brain drain. Therefore, individuals who are experts and have achieved success in their fields can apply for this visa. There are three main criteria for the EB-2 NIW visa:
- You must have a master’s or doctoral degree in your field. If you have a bachelor’s degree, you must have at least five years of experience in your field.
- You must demonstrate that you will make a positive contribution to the United States. This means you must show that you will continue to work in your field of expertise when you move to the United States with this visa.
- You must be an expert and competent in your field. You can demonstrate this with reference letters, presentations, published articles, and media coverage about you.
“Each applicant is evaluated based on their file”
How do you apply for the EB-2 National Interest Waiver visa? What is the process?
Remember that each applicant is evaluated based on their file. Therefore, when applying, you must thoroughly demonstrate that you meet the criteria with evidence. You should prepare a comprehensive application petition and include documents (conference presentations, news articles, published papers, citations, diplomas, transcripts, reference letters, interviews, certificates, etc.) in your file to prove that you meet the criteria. Additionally, there are some forms that need to be added to your application file. These forms vary depending on whether you are following the process from Turkey – or outside the U.S. – or from within the U.S.
Steps to Follow if You Are Tracking the Process from Turkey:
- You must fill out the I-140 form available on the USCIS Immigration Office website.
- Then, select option 1a in Section 4 of the I-140 form.
- Afterwards, since the U.S. Embassy in Ankara is the only authority for immigration processes in Turkey, select Ankara in option 1b and Turkey in option 1c.
Steps to Follow if You Are Tracking the Process from the U.S.:
- When filling out the Processing Information section in Section 4 of the I-140 form, select option 2a. This allows you to apply for a Green Card through Adjustment of Status from within the U.S. after your EB-2 NIW visa is approved by the Immigration Office.
- In addition to the I-140 form, there is also a form called ETA 9089 Application for Permanent Employment Certification. You must fill out sections J, K, L, and M of this form. The latest version of this form is available on the Department of Labor’s website.
What is the fee that applicants need to pay during the entire application process?
The total fee of $1,015 will be collected from you in two different installments. These fees are as follows:
- I-140 Filing Fee: $715
- Asylum Program Fee: $300
Mr. Ergül, is it possible to speed up the visa application process?
If you opt for Premium Processing, your application will be processed by USCIS within as little as 15 business days. If you do not choose this option, it may take 6-8 months for your file to be processed.
What steps should be followed after applying for the visa?
After your application is received by the Immigration Office, the office will send you a Receipt Notice confirming that your application has been received. This document is very important, and you should keep it in your records. This document will provide you with a Priority Date, which is crucial because it determines the earliest date you can begin the Green Card process if your application is approved. Additionally, this document will contain a Receipt Number, which is a number assigned to your application. You can use this number to check the status of your application at any time by visiting the USCIS Case Status site. Once your EB-2 NIW visa is approved by the Immigration Office, the Green Card process begins. After receiving approval from this visa, you need to apply for a Green Card. After obtaining your Green Card, you will be eligible to apply for U.S. citizenship after five years.
Mr. Ergül, you have clarified the frequently asked questions by Ekşi Sözlük users regarding the EB-2 National Interest Waiver visa. To summarize, what would you like to say about the EB-2 NIW process?
In conclusion, although the EB-2 National Interest Waiver Visa involves many details that must be carefully considered throughout the process, it is an excellent option for realizing your American dreams. Our clients who wish to apply for this visa can learn whether they are eligible for the EB-2 NIW by contacting us at cklawfirm.org, emailing eb2@cklawfirm.org, or reaching out to me directly on LinkedIn for a free consultation.
By Asim Kilinc, Immigration Attorney at CK Law Firm
Today, there are multiple ways to study, live, work, or settle in the United States. Among these, the concept of asylum and the reasons for applying for asylum frequently come up. In this article, we will discuss:
- What is an Asylum Application?
- Reasons for Asylum
If you have any other questions related to this topic, please don’t hesitate to reach out via the comments section below this article, send me a direct message on LinkedIn, or contact me through the CK Law Firm Immigration Law Firm’s website, where I am a co-founder.
What is an Asylum Application?
An asylum application is the process where a person seeks protection in another country due to persecution or the risk of persecution in their own country. To be accepted, specific criteria must be met. An asylum application is a protection method used by individuals whose lives are in danger, whose basic human rights have been violated, or who have faced persecution. Asylum is a process regulated by international law that requires states to provide protection under certain conditions to those seeking asylum. The primary goal of this application is to ensure the applicant’s safety and the protection of their human rights.
To be accepted, the persecution the applicant has faced must be evaluated according to specific criteria. Persecution is defined as serious violations and mistreatment that threaten a person’s life, freedom, or security. These violations can be carried out by state or non-state actors. When evaluating an asylum application, the type, continuity, intensity of persecution, and the reasons why the applicant is fleeing from this persecution are considered.
Reasons for Asylum
Here are some fundamental reasons a person might apply for asylum:
- Persecution Due to Race
- Persecution Due to Religion
- Persecution Due to Nationality
- Persecution Due to Membership in a Particular Social Group
- Persecution Due to Political Opinion
- Gender-Based Persecution
- Persecution Due to Environmental Disasters and Climate Change
- Persecution Due to Race
A person may apply for asylum due to discrimination, violence, and other forms of mistreatment they face because of their race. Racial persecution can manifest in various ways, such as physical attacks, discriminatory practices, and racist rhetoric. For example, individuals belonging to a specific ethnic group may be systematically targeted by members of the majority group, fired from their jobs, denied education rights, or restricted access to social services. Such discrimination and violence can endanger the person’s life and force them to flee the country.
- Persecution Due to Religion
Restrictions on religious freedom, discrimination against individuals belonging to specific religious groups or beliefs, and persecution based on religion are also grounds for asylum. For example, members of a minority religious group in a country may face the destruction of their places of worship, bans on religious rituals, forced conversion attempts, and even imprisonment or execution due to their religious beliefs. These threats can prevent a person from living according to their religious beliefs and force them to seek refuge in a safer place.
- Persecution Due to Nationality
Discrimination and persecution due to nationality or ethnic origin can lead to an asylum application. For example, individuals belonging to ethnic minorities in a country may be systematically oppressed by majority groups, forcibly displaced, or subjected to ethnic cleansing. Nationality-based persecution can severely threaten individuals’ physical and psychological health.
- Persecution Due to Membership in a Particular Social Group
Persecution faced by a person due to their membership in a particular social group can be grounds for an asylum application. These social groups may include individuals who face discrimination due to their sexual orientation, gender identity, professions, or specific social roles. For example, LGBTQ+ individuals may face severe discrimination and violence in many countries, lack social acceptance, and even face legal punishment. Similarly, individuals working in certain professions (journalists, human rights defenders, etc.) may face pressure, threats, and attacks.
- Persecution Due to Political Opinion
Persecution faced due to political opinions or activities is a significant reason for an asylum application. A person’s criticism of the government, opposition activities, or membership in a particular political party can make them a target of the government or other political groups. For example, an opposition journalist in a country may be imprisoned, tortured, or killed due to their writings criticizing government policies. Political activists may be arrested or threatened with their families for participating in protest demonstrations.
- Gender-Based Persecution
Gender-based persecution includes violence and oppression faced by women or individuals discriminated against due to their gender identity. For example, women in a country may be forcibly married, subjected to domestic violence, or denied education and work rights. Similarly, individuals discriminated against due to their gender identity may face violence, sexual assault, and social exclusion.
- Persecution Due to Environmental Disasters and Climate Change
In recent years, the number of people displaced due to climate change and environmental disasters has increased. Natural disasters such as droughts, floods, and hurricanes can make living conditions unsustainable and force people to migrate. Additionally, the depletion of resources due to such disasters can trigger social conflicts, forcing people to flee these conflicts.
Conclusion
When applying for asylum, it is essential to document the persecution faced and the reasons for it in detail. Since each individual’s situation is unique, the asylum application requires a detailed assessment of personal experiences. Therefore, it is crucial for those applying for asylum to clearly and accurately describe their experiences and provide as much evidence as possible. Obtaining professional legal advice during the asylum application process can increase the chances of success and help protect the applicant’s rights. For more information and support, please do not hesitate to contact CK Law Firm Immigration Law Firm through our website, at info@cklawfirm.org, or directly via LinkedIn.
Who is Attorney Asim Kilinc?
Attorney Asim Kilinc is a co-founder of CK Law Firm and is known for his expertise in immigration law and U.S. asylum applications. Having completed his Master of Laws at Southern Methodist University Dedman School of Law, Kilinc is a member of the Missouri Bar and has a particular focus on U.S. immigration law.
With extensive knowledge and experience in immigration law, Attorney Kilinc significantly contributes to CK Law Firm’s success in this field. He has played an active role in preparing over 1,000 immigration cases, demonstrating his expertise. By providing comprehensive and professional legal support to his clients, he facilitates their adaptation to new lives in the United States.
Attorney Kilinc also possesses a broad knowledge base in U.S. asylum applications. He meticulously guides his clients throughout the process, ensuring they receive the best legal advice. He provides the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting his clients from the beginning to U.S. citizenship.
By providing reliable and effective legal consultancy services, Attorney Asim Kilinc strengthens CK Law Firm’s leadership in immigration law and U.S. asylum applications, standing by his clients in their journey to build a new life in the United States.
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Our experienced lawyers at CK Law Firm offer effective solutions for those who want to make new beginnings in the USA. We facilitate and accelerate your immigration process by providing consultancy on all visa types.
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