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Stop Rape and Sexual Violence as Weapons of War
Half a million Congolese women have been raped and assaulted by multiple military forces over the past decade. In Colombia, women and girls have been repeated targets of violence throughout the country's history of civil conflict.
Women in Burma – like their sisters in other parts of the world – are being repeatedly brutalized by sexual violence under a repressive regime.
We need to take a stand against sexual violence in war and conflict. Now.
As the UN General Assembly meets in New York this week, the Global Fund for Women joins its grantee partners and allies in demanding that the United Nations immediately call for a Commission of Inquiry into rape, torture and crimes against humanity in Burma.
Join us in taking action today.
Burmese refugees testify that soldiers are ordered to rape women, in an attempt to assert political and social control, and weaken the resistance of different ethnic communities. The Thailand-based Shan Women's Action Network reports that dozenswomen have been raped by the military in Burma since January 2011.
Across the world, as in Burma, women are targets of sexual violence because they are women, because they are caretakers and reproducers of their community, and because attacking women destroys communities.
In Colombia, Afro-Colombian and indigenous women and girls have been specific targets; in the Congo, women in resource-rich regions have been particularly vulnerable; and in Bosnia, brutal ethnic cleansing included the rape and assault of women of a different nationality.
Only through sustained international pressure and action can we end the use of rape as a weapon of war, and the impunity of regimes that exercise it.
The Global Fund for Women is committed to preventing rape as a weapon of war, and seeking justice for the survivors of sexual violence. Please act today!
FOR MORE INFORMATION AND TO SEEK ASYLUM AND GREEN CARD AS A BURMESE WOMAN IN THE UNITED STATES CONTACT THE TOP IMMIGRATION ATTORNEY FOR WOMEN, SUPPORTER AND MEMBER OF GLOBAL FUND FOR WOMEN IMMIGRATION ATTORNEY IN NEW YORK HUMA KAMGAR AT 212-323-887
Thursday, September 22, 2011
Wednesday, September 21, 2011
Why Asylum-seeking 'Tibetan freedom fighter' exposed as fake? A Review By Immigration Attorney Huma Kamgar
THIS ARTICLE WAS PUBLISHED IN AUSTRALIAN NEWSPAPER.
An asylum-seeker’s false claim to being a persecuted Tibetan freedom fighter was exposed when authorities checked his Facebook profile.
The young man, who arrived in Australia using an Indian passport in 2009, claimed he was from a family of Tibetan activists forced to flee Chinese rule in 1991.
The man, who cannot be named for legal reasons, said he was raised and educated in a Nepalese refugee camp but had been driven out by the nation’s Maoist government, which had allegedly imprisoned, starved and beaten him.
“If I return to Nepal . . . I fear I will be handed over to the Chinese authorities in Tibet,” he told the Refugee Review Tribunal.
“If this happens the Chinese army will torture me to death.”
But his story unravelled when the tribunal began quizzing him about his Facebook profile, on which he admitted attending a school in the Indian state of West Bengal, not Nepal.
On another social media site, hi5, the asylum-seeker had uploaded photographs of himself wearing the Indian school’s uniform and posing with classmates.
When confronted with the images, the man explained he attended a school with an identical name and uniform in Nepal. The tribunal found no evidence such a school existed.
Another photograph showed the man and his sister posing in their school uniforms at a park in West Bengal, with an Indian landmark clearly visible in the background.
“When it was put to him that the (park) captured in the photograph is in (India), he insisted that there is a (park of the same name) in Nepal,” the tribunal said in its decision on 8 March.
In rejecting the man’s asylum claim, the tribunal labelled his implausible explanations “far-fetched and patently deceitful”.
“On the basis of the information posted by the applicant on various social networking sites, the tribunal finds that, contrary to his assertions throughout the process, the applicant has resided and completed his secondary schooling in . . . West Bengal,” it said. “The tribunal finds that the applicant is Indian born, he is an Indian national and holds a valid Indian passport. . . He is not a refugee.”
Among other evidence considered by the tribunal were notes from an interview with the man’s wife, who believed her husband was an Indian citizen. He explained at the time he met his wife he had already purchased the “false” Indian passport and proceeded to lie to her.
The asylum-seeker also produced a letter purportedly from a Tibetan Youth Congress leader in Kathmandu describing his commitment to their organization. However, the tribunal discovered the leader resigned from the congress in 1997.
“The tribunal further finds that the letter is fraudulent and has been falsely manufactured by the applicant for the purpose of achieving an immigration benefit”
IF YOU ARE A TIBETAN SEEKING ASYLUM IN THE UNITED STATES YOU MAY BE FOUND "FRIVOLOUS" or "FRAUDULENT" BY THE IMMIGRATION AUTHORITIES AND FOREVER BARRED FROM SEEKING ANY IMMIGRATION STATUS IN THE UNITED STATES. PLEASE DO NOT COPY THE AFFIDAVITS AND BACKGROUND DETAILS OF PERSECUTION FROM YOUR FELLOW FRIENDS AND FROM NON LAWYERS OR FROM LAWYERS WHO USE BOILER PLATE STORIES TO FILE FAKE ASYLUM CLAIMS FOR TIBETANS. PLEASE DO NOT SUBMIT ANY FALSE DOCUMENTS. NOT ONLY IT IS A CRIME, IT HURTS AND AS WELL AS OTHER HONEST, ELIGIBLE TIBETANS WHO TRULY ARE PERSECUTED IN CHINESE OCCUPIED TIBET AND WHO SEEK ASYLUM IN THE UNITED STATES. YOU CAN STILL WIN BY TELLING THE TRUTH.
FOR EXPERT ADVICE AND CASE HANDLING CONTACT THE PIONEER OF TIBETAN ASYLUM...ATTORNEY HUMA KAMGAR IN NEW YORK.
LAW OFFICE OF HUMA KAMGAR
305 BROADWAY, STE 1400, NEW YORK, NY 10007
An asylum-seeker’s false claim to being a persecuted Tibetan freedom fighter was exposed when authorities checked his Facebook profile.
The young man, who arrived in Australia using an Indian passport in 2009, claimed he was from a family of Tibetan activists forced to flee Chinese rule in 1991.
The man, who cannot be named for legal reasons, said he was raised and educated in a Nepalese refugee camp but had been driven out by the nation’s Maoist government, which had allegedly imprisoned, starved and beaten him.
“If I return to Nepal . . . I fear I will be handed over to the Chinese authorities in Tibet,” he told the Refugee Review Tribunal.
“If this happens the Chinese army will torture me to death.”
But his story unravelled when the tribunal began quizzing him about his Facebook profile, on which he admitted attending a school in the Indian state of West Bengal, not Nepal.
On another social media site, hi5, the asylum-seeker had uploaded photographs of himself wearing the Indian school’s uniform and posing with classmates.
When confronted with the images, the man explained he attended a school with an identical name and uniform in Nepal. The tribunal found no evidence such a school existed.
Another photograph showed the man and his sister posing in their school uniforms at a park in West Bengal, with an Indian landmark clearly visible in the background.
“When it was put to him that the (park) captured in the photograph is in (India), he insisted that there is a (park of the same name) in Nepal,” the tribunal said in its decision on 8 March.
In rejecting the man’s asylum claim, the tribunal labelled his implausible explanations “far-fetched and patently deceitful”.
“On the basis of the information posted by the applicant on various social networking sites, the tribunal finds that, contrary to his assertions throughout the process, the applicant has resided and completed his secondary schooling in . . . West Bengal,” it said. “The tribunal finds that the applicant is Indian born, he is an Indian national and holds a valid Indian passport. . . He is not a refugee.”
Among other evidence considered by the tribunal were notes from an interview with the man’s wife, who believed her husband was an Indian citizen. He explained at the time he met his wife he had already purchased the “false” Indian passport and proceeded to lie to her.
The asylum-seeker also produced a letter purportedly from a Tibetan Youth Congress leader in Kathmandu describing his commitment to their organization. However, the tribunal discovered the leader resigned from the congress in 1997.
“The tribunal further finds that the letter is fraudulent and has been falsely manufactured by the applicant for the purpose of achieving an immigration benefit”
IF YOU ARE A TIBETAN SEEKING ASYLUM IN THE UNITED STATES YOU MAY BE FOUND "FRIVOLOUS" or "FRAUDULENT" BY THE IMMIGRATION AUTHORITIES AND FOREVER BARRED FROM SEEKING ANY IMMIGRATION STATUS IN THE UNITED STATES. PLEASE DO NOT COPY THE AFFIDAVITS AND BACKGROUND DETAILS OF PERSECUTION FROM YOUR FELLOW FRIENDS AND FROM NON LAWYERS OR FROM LAWYERS WHO USE BOILER PLATE STORIES TO FILE FAKE ASYLUM CLAIMS FOR TIBETANS. PLEASE DO NOT SUBMIT ANY FALSE DOCUMENTS. NOT ONLY IT IS A CRIME, IT HURTS AND AS WELL AS OTHER HONEST, ELIGIBLE TIBETANS WHO TRULY ARE PERSECUTED IN CHINESE OCCUPIED TIBET AND WHO SEEK ASYLUM IN THE UNITED STATES. YOU CAN STILL WIN BY TELLING THE TRUTH.
FOR EXPERT ADVICE AND CASE HANDLING CONTACT THE PIONEER OF TIBETAN ASYLUM...ATTORNEY HUMA KAMGAR IN NEW YORK.
LAW OFFICE OF HUMA KAMGAR
305 BROADWAY, STE 1400, NEW YORK, NY 10007
Saturday, June 25, 2011
IMMIGRATION U.S.A GREEN CARD VIA ASYLUM FOR GAY, LESBIANS AND TRANSVESTITES (khusra)FROM FOREIGN COUNTRIES: Huma Kamgar, Esq.
http://americanimmigrationpc.wordpress.com/wp-admin/edit.php
IMMIGRATION U.S.A GREEN CARD VIA ASYLUM FOR GAY, LESBIANS AND TRANSVESTITES (khusra)FROM FOREIGN COUNTRIES: Huma Kamgar, Esq.
http://jazbablog.com/2011/04/07/7-eunuchs-get-visit-visas-for-europe/
Eunuch or Khusra or Transvestites: Asylum granted
http://cgrs.uchastings.edu/law/detail.php
Transvestite Eunich or Heejra or Khusra : Asylum Granted
http://cgrs.uchastings.edu/law/detail.php
Kurdish Muslim Gay woman : Asylum granted
http://cgrs.uchastings.edu/law/detail.php
Lesbian From Muslim Country: Asylum Granted
http://cgrs.uchastings.edu/law/detail.php
Gay or lesbian: Asylum Granted
DONT DESPAIR "CHANGE HAS BROUGHT EQUALITY" THE FUTURE IS HOPEFUL, AND THERE ARE POSSIBILITIES FOR EQUAL RIGHTS FOR ALL SEXUAL ORIENTATIONS. IF YOU ARE A GAY, LESBIAN OR A TRANSVESTITE OR KHUSRA FROM A FOREIGN COUNTRY AND YOU WANT LEGAL STATUS OR GREEN CARD IN THE UNITED STATES BUT DONT KNOW HOW? SPEAK TO A PROFESSIONAL IMMIGRATION ATTORNEY HUMA KAMGAR ….HELP IS JUST A PHONE CALL AWAY: CALL NOW AT 212 -419-0456
IMMIGRATION U.S.A GREEN CARD VIA ASYLUM FOR GAY, LESBIANS AND TRANSVESTITES (khusra)FROM FOREIGN COUNTRIES: Huma Kamgar, Esq.
http://jazbablog.com/2011/04/07/7-eunuchs-get-visit-visas-for-europe/
Eunuch or Khusra or Transvestites: Asylum granted
http://cgrs.uchastings.edu/law/detail.php
Transvestite Eunich or Heejra or Khusra : Asylum Granted
http://cgrs.uchastings.edu/law/detail.php
Kurdish Muslim Gay woman : Asylum granted
http://cgrs.uchastings.edu/law/detail.php
Lesbian From Muslim Country: Asylum Granted
http://cgrs.uchastings.edu/law/detail.php
Gay or lesbian: Asylum Granted
DONT DESPAIR "CHANGE HAS BROUGHT EQUALITY" THE FUTURE IS HOPEFUL, AND THERE ARE POSSIBILITIES FOR EQUAL RIGHTS FOR ALL SEXUAL ORIENTATIONS. IF YOU ARE A GAY, LESBIAN OR A TRANSVESTITE OR KHUSRA FROM A FOREIGN COUNTRY AND YOU WANT LEGAL STATUS OR GREEN CARD IN THE UNITED STATES BUT DONT KNOW HOW? SPEAK TO A PROFESSIONAL IMMIGRATION ATTORNEY HUMA KAMGAR ….HELP IS JUST A PHONE CALL AWAY: CALL NOW AT 212 -419-0456
Friday, June 24, 2011
FEMALE GENITAL MUTILATION: UNITED STATES ASYLUM LAWS: BY HUMA KAMGAR, ATTORNEY AT LAW.
What is Female Genital Mutilation?(Female circumcision)
Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.
Female Genital Mutilation is the term used for removal of all or just part of the external parts of the female genitalia. There are three varieties to this procedure.
1. Sunna Circumcision - consists of the removal of the prepuce(retractable fold of skin, or hood) and /or the tip of the clitoris. Sunna in Arabic means "tradition".
2. Clitoridectomy - consists of the removal of the entire clitoris (prepuce and glands) and the removal of the adjacent labia.
3. Infibulation(pharonic circumcision)-- consists of performing a clitoridectomy (removal of all or part of the labia minora, the labia majora). This is then stitched up allowing a small hole to remain open to allow for urine and menstrual blood to flow through.
There is an estimated 135 million girls and women that have gone through this procedure with an additional 2 million a year at risk. This procedure is practiced in Africa (28 countries), Middle East, parts of Asia as well as in North America, Latin America, and as well as in Europe. It is now believed that the practice originated in Africa and is a cultural practice
The practice is mostly carried out by traditional circumcisers, who often play other central roles in communities, such as attending childbirths. Increasingly, however, FGM is being performed by health care providers.
FGM is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person's rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.
YOU MUST KNOW THAT:
Amnesty International now has taken up the fight to do away with this practice that mutilates millions of girls each year. Today FGM is seen as a human rights issue and is recognized at an international level. FGM was in the universal framework for protection of human rights that was tabled in the 1958 united Nation agenda. It was during the UN Decade for Women (1975-1985) that a UN Working Group on Traditional Practices Affecting the Health of Women and Children was created. This group helped to develop and aided to the development of the 1994 Plan of Action for the Elimination of Harmful Traditional Practices Affecting the Health of women and Children. the World Health Organization, the United Nations Children's' Fund and the Untied Nations Population Fund, unveiled a plan in April 1997 that would bring about a major decline in FGM within 10 years and the complete eradication of the practice within three generations.
* Female genital mutilation (FGM) includes procedures that intentionally alter or injure female genital organs for non-medical reasons.
* The procedure has no health benefits for girls and women.
* Procedures can cause severe bleeding and problems urinating, and later, potential childbirth complications and newborn deaths.
* An estimated 100 to 140 million girls and women worldwide are currently living with the consequences of FGM.
* It is mostly carried out on young girls sometime between infancy and age 15 years.
* In Africa an estimated 92 million girls from 10 years of age and above have undergone FGM.
* FGM is internationally recognized as a violation of the human rights of girls and women.
Countries where this practice is widespread and common:
Female Genital Mutilation (FGM) is a cultural practice that started in Africa approximately 2000 years ago. It is primarily a cultural practice, not a religious practice. But some religions do include FGM as part of their practices.
In Africa 85% of FGM cases consist of Clitoridectomy and 15% of cases consist of Infibulation. In some cases only the hood is removed.
Gender-based asylum claims are becoming more prevalent in the
United States. Specifically, female genital mutilation
("FGM") is an issue that is currently receiving widespread attention.
The legal element "persecution," a component
of the current US asylum test, now protects females
who flee their native countries after having undergone FGM may be
granted asylum so long as they fear contributing to the preservation
of patriarchal structures if forced to return to their homelands.It also protects women from african and certain muslim countries who fear that upon their return to their homeland they will be subjected to genital mutilation as part of their culture.
A law or mandatory societal custom that targets only women and
severely punishes them for violation may be classified as a form of
gender-based persecution.
In re Kasinga, in which a young woman was granted asylum based on her fear of potentially being forced to undergo FGM if she was sent back to her country.
Female genital mutilation has been practiced for over 2000 years
throughout the world." It occurs in Asia, Europe and Latin America,
although it is currently most prevalent in Africa,56 where approximately
100 million females have undergone FGM" This is a major
portion of the approximately 110 million females who have suffered
FGM worldwide.
Female genital mutilation affects girls from the
city and the countryside alike, and makes no note of social status.
Every year, approximately 2 million girls undergo FGM. °
There is no single age at which FGM occurs. The practice has been
reportedly performed on newborns and young women immediately
before marriage, as well as women pregnant with their first child.
Often, mutilated females are threatened with
death by witchcraft if they reveal what has happened.
How AN ALIEN CURRENTLY MAY WIN ASYLUM IN THE UNITED
STATES
A. The Asylum Standard
According to the general provisions of the Immigration and Nationality
Act ("INA"), the definition of a refugee is:
[A] ny person who is outside any country of such person's nationality
or, in the case of a person having no nationality, is outside any
country in which such person last habitually resided, and who is
unable or unwilling to return to, and is unable or unwilling to avail
himself or herself of the protection of that country because of persecution
or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion...
In more simplistic terms, there are three legal elements that an applicant
needs to prove in order to be granted asylum in the United
States. They are: (1) persecution, (2) a well-founded fear, and (3) a
claim that falls under one of the five enumerated grounds mentioned
above.
A reasonableness standard is always used to assess whether an
asylum applicant has established the various components. Generally
the alien should also present more than testimony to show that she or
he has been persecuted or fears persecution based upon one of the
five categories.
Although it is necessary for an applicant to satisfy these three
prongs to be granted asylum, it is in no way sufficient.Asylum is a
discretionary matter with a final determination made by an asylum
officer or Immigration Judge.
Immigration and Nationality Act § 101(a) (42) (A) (stating that although the burden falls upon the alien to prove that she or he is a refugee, an alien does not have to show that she or he is an individual target of persecution if she or he demonstrates that she or he is a part of a "'similarly situated' group(s) of persons against which there is a 'pattern or practice' of persecution in her
or his country on account of any of the five statutory grounds for asylum").
In reKasinga, A73 476 695, Int. Dec. 3278, at30.
Carvajal-Munoz v. INS, 748 F.2d 562, 574 (7th Cir. 1984). The exception to this rule is if the alien's testimony is believable, persuasive, and focuses on specific facts which imply that the alien is justified in fearing that she or he will be persecuted. See also, 8 C.F.R. § 208.13 (stating that if an asylum applicant's testimony is credible, it may be sufficient to sustain the burden
of proof without corroboration).
B. Withholding of Removal
Another way a fleeing alien may legally reside in the US is if the immigration Judge
grants what was referred to as "withholding of deportation or return",
and is currently referred to as "withholding of removal."69 To be
granted withholding of removal, an alien must satisfy a standard that
shows a clear probability of persecution. To pass this clear probability
of persecution standard, an alien must show that it is "'more likely
than not that the alien [will] be subject to persecution."This is a
higher standard than the well-founded fear test necessary to obtain
asylum. Although this standard is more difficult to meet, once it is
met, the immigration judge has no discretion to deny withholding.
ALL THIS BRINGS NEW HOPE TO THE MILLIONS OF WOMEN FLEEING PERSECUTION LIKE THIS FROM THEIR HOME COUNTRIES. THEY MAY BE ABLE TO LIVE A HAPPY AND FREE LIFE IN THE UNITED STATES. BUT THE PROCESS IS COMPLICATED AND DIFFICULT.
IF YOU OR ANY ONE YOU KNOW HAS THIS KIND OF FEAR OF GENITAL MUTILATION OR FEMALE CIRCUMCISION IN THE PAST OR FEAR IN THE FUTURE UPON RETURNING TO THEIR HOME COUNTRY YOU MAY BE QUALIFIED FOR A GREEN CARD BASED ON ASYLUM IN THE UNITED STATES.
PLEASE CONTACT AN IMMIGRATION ATTORNEY WHO HAS EXPERIENCE IN THESE KIND OF CASES OR CONTACT ME:
LAW OFFICES OF HUMA H. KAMGAR, ATTORNEY AT LAW, NEW YORK, USA
212-419-0456
Female genital mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.
Female Genital Mutilation is the term used for removal of all or just part of the external parts of the female genitalia. There are three varieties to this procedure.
1. Sunna Circumcision - consists of the removal of the prepuce(retractable fold of skin, or hood) and /or the tip of the clitoris. Sunna in Arabic means "tradition".
2. Clitoridectomy - consists of the removal of the entire clitoris (prepuce and glands) and the removal of the adjacent labia.
3. Infibulation(pharonic circumcision)-- consists of performing a clitoridectomy (removal of all or part of the labia minora, the labia majora). This is then stitched up allowing a small hole to remain open to allow for urine and menstrual blood to flow through.
There is an estimated 135 million girls and women that have gone through this procedure with an additional 2 million a year at risk. This procedure is practiced in Africa (28 countries), Middle East, parts of Asia as well as in North America, Latin America, and as well as in Europe. It is now believed that the practice originated in Africa and is a cultural practice
The practice is mostly carried out by traditional circumcisers, who often play other central roles in communities, such as attending childbirths. Increasingly, however, FGM is being performed by health care providers.
FGM is recognized internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes, and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person's rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when the procedure results in death.
YOU MUST KNOW THAT:
Amnesty International now has taken up the fight to do away with this practice that mutilates millions of girls each year. Today FGM is seen as a human rights issue and is recognized at an international level. FGM was in the universal framework for protection of human rights that was tabled in the 1958 united Nation agenda. It was during the UN Decade for Women (1975-1985) that a UN Working Group on Traditional Practices Affecting the Health of Women and Children was created. This group helped to develop and aided to the development of the 1994 Plan of Action for the Elimination of Harmful Traditional Practices Affecting the Health of women and Children. the World Health Organization, the United Nations Children's' Fund and the Untied Nations Population Fund, unveiled a plan in April 1997 that would bring about a major decline in FGM within 10 years and the complete eradication of the practice within three generations.
* Female genital mutilation (FGM) includes procedures that intentionally alter or injure female genital organs for non-medical reasons.
* The procedure has no health benefits for girls and women.
* Procedures can cause severe bleeding and problems urinating, and later, potential childbirth complications and newborn deaths.
* An estimated 100 to 140 million girls and women worldwide are currently living with the consequences of FGM.
* It is mostly carried out on young girls sometime between infancy and age 15 years.
* In Africa an estimated 92 million girls from 10 years of age and above have undergone FGM.
* FGM is internationally recognized as a violation of the human rights of girls and women.
Countries where this practice is widespread and common:
Female Genital Mutilation (FGM) is a cultural practice that started in Africa approximately 2000 years ago. It is primarily a cultural practice, not a religious practice. But some religions do include FGM as part of their practices.
In Africa 85% of FGM cases consist of Clitoridectomy and 15% of cases consist of Infibulation. In some cases only the hood is removed.
Gender-based asylum claims are becoming more prevalent in the
United States. Specifically, female genital mutilation
("FGM") is an issue that is currently receiving widespread attention.
The legal element "persecution," a component
of the current US asylum test, now protects females
who flee their native countries after having undergone FGM may be
granted asylum so long as they fear contributing to the preservation
of patriarchal structures if forced to return to their homelands.It also protects women from african and certain muslim countries who fear that upon their return to their homeland they will be subjected to genital mutilation as part of their culture.
A law or mandatory societal custom that targets only women and
severely punishes them for violation may be classified as a form of
gender-based persecution.
In re Kasinga, in which a young woman was granted asylum based on her fear of potentially being forced to undergo FGM if she was sent back to her country.
Female genital mutilation has been practiced for over 2000 years
throughout the world." It occurs in Asia, Europe and Latin America,
although it is currently most prevalent in Africa,56 where approximately
100 million females have undergone FGM" This is a major
portion of the approximately 110 million females who have suffered
FGM worldwide.
Female genital mutilation affects girls from the
city and the countryside alike, and makes no note of social status.
Every year, approximately 2 million girls undergo FGM. °
There is no single age at which FGM occurs. The practice has been
reportedly performed on newborns and young women immediately
before marriage, as well as women pregnant with their first child.
Often, mutilated females are threatened with
death by witchcraft if they reveal what has happened.
How AN ALIEN CURRENTLY MAY WIN ASYLUM IN THE UNITED
STATES
A. The Asylum Standard
According to the general provisions of the Immigration and Nationality
Act ("INA"), the definition of a refugee is:
[A] ny person who is outside any country of such person's nationality
or, in the case of a person having no nationality, is outside any
country in which such person last habitually resided, and who is
unable or unwilling to return to, and is unable or unwilling to avail
himself or herself of the protection of that country because of persecution
or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion...
In more simplistic terms, there are three legal elements that an applicant
needs to prove in order to be granted asylum in the United
States. They are: (1) persecution, (2) a well-founded fear, and (3) a
claim that falls under one of the five enumerated grounds mentioned
above.
A reasonableness standard is always used to assess whether an
asylum applicant has established the various components. Generally
the alien should also present more than testimony to show that she or
he has been persecuted or fears persecution based upon one of the
five categories.
Although it is necessary for an applicant to satisfy these three
prongs to be granted asylum, it is in no way sufficient.Asylum is a
discretionary matter with a final determination made by an asylum
officer or Immigration Judge.
Immigration and Nationality Act § 101(a) (42) (A) (stating that although the burden falls upon the alien to prove that she or he is a refugee, an alien does not have to show that she or he is an individual target of persecution if she or he demonstrates that she or he is a part of a "'similarly situated' group(s) of persons against which there is a 'pattern or practice' of persecution in her
or his country on account of any of the five statutory grounds for asylum").
In reKasinga, A73 476 695, Int. Dec. 3278, at30.
Carvajal-Munoz v. INS, 748 F.2d 562, 574 (7th Cir. 1984). The exception to this rule is if the alien's testimony is believable, persuasive, and focuses on specific facts which imply that the alien is justified in fearing that she or he will be persecuted. See also, 8 C.F.R. § 208.13 (stating that if an asylum applicant's testimony is credible, it may be sufficient to sustain the burden
of proof without corroboration).
B. Withholding of Removal
Another way a fleeing alien may legally reside in the US is if the immigration Judge
grants what was referred to as "withholding of deportation or return",
and is currently referred to as "withholding of removal."69 To be
granted withholding of removal, an alien must satisfy a standard that
shows a clear probability of persecution. To pass this clear probability
of persecution standard, an alien must show that it is "'more likely
than not that the alien [will] be subject to persecution."This is a
higher standard than the well-founded fear test necessary to obtain
asylum. Although this standard is more difficult to meet, once it is
met, the immigration judge has no discretion to deny withholding.
ALL THIS BRINGS NEW HOPE TO THE MILLIONS OF WOMEN FLEEING PERSECUTION LIKE THIS FROM THEIR HOME COUNTRIES. THEY MAY BE ABLE TO LIVE A HAPPY AND FREE LIFE IN THE UNITED STATES. BUT THE PROCESS IS COMPLICATED AND DIFFICULT.
IF YOU OR ANY ONE YOU KNOW HAS THIS KIND OF FEAR OF GENITAL MUTILATION OR FEMALE CIRCUMCISION IN THE PAST OR FEAR IN THE FUTURE UPON RETURNING TO THEIR HOME COUNTRY YOU MAY BE QUALIFIED FOR A GREEN CARD BASED ON ASYLUM IN THE UNITED STATES.
PLEASE CONTACT AN IMMIGRATION ATTORNEY WHO HAS EXPERIENCE IN THESE KIND OF CASES OR CONTACT ME:
LAW OFFICES OF HUMA H. KAMGAR, ATTORNEY AT LAW, NEW YORK, USA
212-419-0456
Thursday, June 23, 2011
IMMIGRATION: ASYLUM IN U.S.A FOR VICTIMS OF DOMESTIC VIOLENCE (BANGLADESH, PAKISTAN, AFGHANISTAN)
BATTERED OR ABUSED FOREIGN WOMEN WIN ASYLUM IN AMERICA
WHO HAVE SUFFERED DOMESTIC VIOLENCE OR DOMESTIC ABUSE IN THEIR HOME COUNTRY.
THE DEPARTMENT OF HOMELAND SECURITY UNDER New immigration laws permits victims of domestic violence to apply for asylum and green card in the U.S. The previous Administration had consistently denied such claims for violence and sexual abuse abroad, holding that this class of battered women could not be accepted because they did not meet the standard of U.S. asylum laws.
The asylum or refugee laws in the U.S. require proof of a well founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group. The question at issue has been whether a woman who has suffered domestic violence abroad could be considered a member of a social group that would be eligible under the statute. The previous Administration had refused to include such abused women as members of a social group because the previous Administration had feared that it would open the floodgates of applications from all over the world. It consistently denied such asylum requests in spite of severe cases of brutality, rape, and flagrant abuse when local authorities afforded no protection.
Now the door has been opened because where domestic violence is tolerated in many countries in Latin America, Africa and Asia, abused women may be now considered to be a social group capable of qualifying for asylum here. The abuser can be husband, brother, uncle, son or even father of the female applicant. Women can not find protection from the police in their villages, towns and cities or from local authorities and not even if they move to different parts of the country and as a result flee to the U.S. requesting asylum. These applicants may merit favorable consideration because the U.S. has traditionally been a haven for the oppressed
It will be necessary to demonstrate under these new regulations that the women could not find protection in their country, from rape, sexual assault and threats to be killed and that local police or local authorities dismissed their complaints as private matters. Fearing that such cases would overwhelm the Immigration Service, but still in accordance with our traditions of being a country that admits the oppressed or afflicted, the Immigration has now promised to carefully consider such cases, although insisting at the same time that proof of abuse is conclusive.
Several recent decisions granting asylum to battered/abused women have given new vigor to efforts to have such abuse formally recognized as a basis for asylum. The decisions have also caused opponents of efforts to change the laws to heighten their opposition efforts. In another matter, the INS dropped its appeal in a case in which an Immigration Judge granted asylum to a Bangladeshi woman who fled her abusive husband of 15 years.
To see more domestic abuse/ domestic violence asylum (green card) cases copy and paste in your browser the links below:
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
WHO HAVE SUFFERED DOMESTIC VIOLENCE OR DOMESTIC ABUSE IN THEIR HOME COUNTRY.
THE DEPARTMENT OF HOMELAND SECURITY UNDER New immigration laws permits victims of domestic violence to apply for asylum and green card in the U.S. The previous Administration had consistently denied such claims for violence and sexual abuse abroad, holding that this class of battered women could not be accepted because they did not meet the standard of U.S. asylum laws.
The asylum or refugee laws in the U.S. require proof of a well founded fear of persecution because of race, religion, nationality, political opinion or membership in a particular social group. The question at issue has been whether a woman who has suffered domestic violence abroad could be considered a member of a social group that would be eligible under the statute. The previous Administration had refused to include such abused women as members of a social group because the previous Administration had feared that it would open the floodgates of applications from all over the world. It consistently denied such asylum requests in spite of severe cases of brutality, rape, and flagrant abuse when local authorities afforded no protection.
Now the door has been opened because where domestic violence is tolerated in many countries in Latin America, Africa and Asia, abused women may be now considered to be a social group capable of qualifying for asylum here. The abuser can be husband, brother, uncle, son or even father of the female applicant. Women can not find protection from the police in their villages, towns and cities or from local authorities and not even if they move to different parts of the country and as a result flee to the U.S. requesting asylum. These applicants may merit favorable consideration because the U.S. has traditionally been a haven for the oppressed
It will be necessary to demonstrate under these new regulations that the women could not find protection in their country, from rape, sexual assault and threats to be killed and that local police or local authorities dismissed their complaints as private matters. Fearing that such cases would overwhelm the Immigration Service, but still in accordance with our traditions of being a country that admits the oppressed or afflicted, the Immigration has now promised to carefully consider such cases, although insisting at the same time that proof of abuse is conclusive.
Several recent decisions granting asylum to battered/abused women have given new vigor to efforts to have such abuse formally recognized as a basis for asylum. The decisions have also caused opponents of efforts to change the laws to heighten their opposition efforts. In another matter, the INS dropped its appeal in a case in which an Immigration Judge granted asylum to a Bangladeshi woman who fled her abusive husband of 15 years.
To see more domestic abuse/ domestic violence asylum (green card) cases copy and paste in your browser the links below:
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
http://cgrs.uchastings.edu/law/detail.php
American Immigration by Attorney Huma Kamgar: J-1 Visa For Foreign Doctors.
LEGAL IMMIGRATION TO U.S.A. FOR FOREIGN DOCTORS
International Exchange Visitors
The J-1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include:
a. Students at all academic levels
b. Trainees obtaining on-the-job training with firms, institutions, and agencies
c. Teachers of primary, secondary, and specialized schools
d. Professors coming to teach or do research at institutions of higher learning
e. Research scholars
f. Professional trainees in the medical and allied fields
g. International visitors coming to U.S. to tour, observe, consult, conduct research, receive training, demonstrate specialized knowledge or skills, or participate in an organized people-to-people program
I. Benefits of the J-1 Visa
a. You can enter the U.S. as an exchange visitor
b. Your dependents can stay with you as long as you maintain your J1 status. They can also attend school while on the
J-2 dependent visa
c. You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings
d. Your dependents are eligible to apply for employment authorization, and may work in the U.S. However, they cannot get work authorization if the money earned is needed to support you
II. Requirements for the J-1 Visa
To qualify for a J-1 exchange visitor visa, you must prove that:
a. You are sponsored by an organization approved by the Department of State (DOS), and granted authority to issue a Form DS-2019 to prospective J-1 applicants
b. You have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend
c. You have sufficient scholastic preparation to participate in the designated program
4. You are sufficiently proficient in English to participate in the designated program, or the sponsoring organization has made special arrangements to teach you the English language or conduct the course in your native language. You may be exempt from this requirement if you intend to come to the U.S. to participate exclusively in an English language training program
d. You have a permanent residence in your home country, which you do not intend to abandon
e. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies
f. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies
g. If you are coming to the U.S. to receive graduate medical education or training:
* You have passed the Foreign Medical Graduate Examination in Medical Sciences
* The program does not include patient care
III. Duration of Stay
When you enter the U.S. on an exchange visitor visa, you are admitted for the duration of your program. The U.S. Citizenship and Immigration Services (USCIS) inspector at the port of entry makes the final decision on how long anyone may stay in the U.S.
Note: You may be eligible to change your status in the U.S. and acquire an appropriate work visa such as H-1B or H-2B, on completion of your authorized stay without having to return to your home country.
IV. Working on J-1 Visa
Employment while on "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment.
V. Spouses and Children
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for J-2 visas.
VI. Home Residence Requirement
You may be required to return to your home country and be physically present there for at least two years after the conclusion of your exchange visit before you become eligible to apply for an immigrant or nonimmigrant (H or L) visa if:
a. Your J-1 program has been financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by your government
b. You are a national or resident of a country, which has been designated by the Exchange Visitor Program and Designation Staff as requiring the skills of the exchange visitor.
FOR MORE INFORMATION PLEASE CONTACT LAW OFFICES OF HUMA KAMGAR, IMMIGRATION ATTORNEY. 212-323-6887
International Exchange Visitors
The J-1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include:
a. Students at all academic levels
b. Trainees obtaining on-the-job training with firms, institutions, and agencies
c. Teachers of primary, secondary, and specialized schools
d. Professors coming to teach or do research at institutions of higher learning
e. Research scholars
f. Professional trainees in the medical and allied fields
g. International visitors coming to U.S. to tour, observe, consult, conduct research, receive training, demonstrate specialized knowledge or skills, or participate in an organized people-to-people program
I. Benefits of the J-1 Visa
a. You can enter the U.S. as an exchange visitor
b. Your dependents can stay with you as long as you maintain your J1 status. They can also attend school while on the
J-2 dependent visa
c. You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings
d. Your dependents are eligible to apply for employment authorization, and may work in the U.S. However, they cannot get work authorization if the money earned is needed to support you
II. Requirements for the J-1 Visa
To qualify for a J-1 exchange visitor visa, you must prove that:
a. You are sponsored by an organization approved by the Department of State (DOS), and granted authority to issue a Form DS-2019 to prospective J-1 applicants
b. You have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend
c. You have sufficient scholastic preparation to participate in the designated program
4. You are sufficiently proficient in English to participate in the designated program, or the sponsoring organization has made special arrangements to teach you the English language or conduct the course in your native language. You may be exempt from this requirement if you intend to come to the U.S. to participate exclusively in an English language training program
d. You have a permanent residence in your home country, which you do not intend to abandon
e. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies
f. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies
g. If you are coming to the U.S. to receive graduate medical education or training:
* You have passed the Foreign Medical Graduate Examination in Medical Sciences
* The program does not include patient care
III. Duration of Stay
When you enter the U.S. on an exchange visitor visa, you are admitted for the duration of your program. The U.S. Citizenship and Immigration Services (USCIS) inspector at the port of entry makes the final decision on how long anyone may stay in the U.S.
Note: You may be eligible to change your status in the U.S. and acquire an appropriate work visa such as H-1B or H-2B, on completion of your authorized stay without having to return to your home country.
IV. Working on J-1 Visa
Employment while on "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment.
V. Spouses and Children
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for J-2 visas.
VI. Home Residence Requirement
You may be required to return to your home country and be physically present there for at least two years after the conclusion of your exchange visit before you become eligible to apply for an immigrant or nonimmigrant (H or L) visa if:
a. Your J-1 program has been financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by your government
b. You are a national or resident of a country, which has been designated by the Exchange Visitor Program and Designation Staff as requiring the skills of the exchange visitor.
FOR MORE INFORMATION PLEASE CONTACT LAW OFFICES OF HUMA KAMGAR, IMMIGRATION ATTORNEY. 212-323-6887
GREEN CARD- ASYLUM
GREEN CARD -ASYLUM
FOREIGN NATIONALS MUST APPLY FOR ASYLUM IN THE UNITED STATES WITHIN ONE YEAR OF THEIR LAST ENTRY IN THE UNITED STATES.
AFTER BEING GRANTED ASYLUM STATUS, AN ASYLEE OR REFUGEE CAN GET DERIVATIVE REFUGEE STATUS FOR FAMILY MEMBERS INCLUDING SPOUSE AND CHILDREN, GET WORK PERMIT, SOCIAL SECURITY CARD, APPLY FOR GREEN CARD AFTER ONE YEAR, APPLY FOR AMERICAN CITIZENSHIP AFTER FIVE YEARS.
persons in granted Asylum status should receive advance permission to travel before leaving the U.S. in order to return to the U.S.
Green card holders planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
Green card holders may apply for U.S. Citizenship if they are in lawful permanent resident for over five years.
FOREIGN NATIONALS MUST APPLY FOR ASYLUM IN THE UNITED STATES WITHIN ONE YEAR OF THEIR LAST ENTRY IN THE UNITED STATES.
AFTER BEING GRANTED ASYLUM STATUS, AN ASYLEE OR REFUGEE CAN GET DERIVATIVE REFUGEE STATUS FOR FAMILY MEMBERS INCLUDING SPOUSE AND CHILDREN, GET WORK PERMIT, SOCIAL SECURITY CARD, APPLY FOR GREEN CARD AFTER ONE YEAR, APPLY FOR AMERICAN CITIZENSHIP AFTER FIVE YEARS.
persons in granted Asylum status should receive advance permission to travel before leaving the U.S. in order to return to the U.S.
Green card holders planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
Green card holders may apply for U.S. Citizenship if they are in lawful permanent resident for over five years.
Saturday, April 23, 2011
AMERICAN IMMIGRATION REFORM: GREEN CARD FOR BATTERED AND ABUSED WOMEN!!!!
I AM AN ATTORNEY AT LAW IN NEW YORK AREA, CURRENTLY RESEARCHING OLD, NEW AND FUTURE POSSIBILITIES OF IMMIGRATION LAWS AFFECTING WOMEN FROM ALL OVER THE WORLD. WOMEN WHO WISH TO TAKE REFUGE IN THE UNITED STATES AFTER FLEEING OR IN THE PROCESS OF FLEEING ABUSE OR REPRESSIVE SOCIAL NORMS AND PRACTICES DIRECTED AT THE FEMALE SEGMENT OF THE SOCIETY ALONE IN THEIR NATIVE COUNTRIES.
I HAVE COME ACCROSS THIS BLOGG POST WHICH I USED AS THE STARTING POINT OF MY RESEARCH.:
http://latinainstitute.wordpress.com/2010/07/16/changes-in-u-s-asylum-law-could-benefit-survivors-of-domestic-violence/
AS MY RESEARCH CONTINUES I WILL BE WRITING AND POSTING MORE HELPFUL INFORMATION ON THIS ISSUE.
Thanks to the Obama administration, which has made available to BATTERED AND ABUSED women from OTHER countries, the option to seek refuge under asylum laws in the United States.
In July 2009, the administration said that if women from other countries could could demonstrate that they had been mistreated, repressed, abused, forced into marriage, raped and/or persecuted in any other way by their husbands, or anyone else in their society or in their home country due to the fact that they are women and the laws and the law enforcement in their country either unable or unwilling to provide them any protection, then such women could seek refuge in the United States.
As Mr. Obama had promised in his past campaign the concept of "CHANGE", so this provision by the Obama administration would allow abused women to file for legal residency status through asylum. That is a big change!!!! I SALUTE THE OBAMAS.
Many requests for asylum filed in the United States are based on claims by applicants that they fear persecution if they are sent back to their homeland because of their race, religion, nationality, political opinion.
However, claims based on gender is a new light on the horizon knowing the extent to which women have been abused and repressed and treated as property in many cultures through out the world.
Battered or abused women from other countries who want to start a new life in the United States now have a chance to do that through asylum, thanks to the Obama administration revising asylum laws(credit : report by NAM health editor Viji Sundaram.)
I HAVE COME ACCROSS THIS BLOGG POST WHICH I USED AS THE STARTING POINT OF MY RESEARCH.:
http://latinainstitute.wordpress.com/2010/07/16/changes-in-u-s-asylum-law-could-benefit-survivors-of-domestic-violence/
AS MY RESEARCH CONTINUES I WILL BE WRITING AND POSTING MORE HELPFUL INFORMATION ON THIS ISSUE.
Thanks to the Obama administration, which has made available to BATTERED AND ABUSED women from OTHER countries, the option to seek refuge under asylum laws in the United States.
In July 2009, the administration said that if women from other countries could could demonstrate that they had been mistreated, repressed, abused, forced into marriage, raped and/or persecuted in any other way by their husbands, or anyone else in their society or in their home country due to the fact that they are women and the laws and the law enforcement in their country either unable or unwilling to provide them any protection, then such women could seek refuge in the United States.
As Mr. Obama had promised in his past campaign the concept of "CHANGE", so this provision by the Obama administration would allow abused women to file for legal residency status through asylum. That is a big change!!!! I SALUTE THE OBAMAS.
Many requests for asylum filed in the United States are based on claims by applicants that they fear persecution if they are sent back to their homeland because of their race, religion, nationality, political opinion.
However, claims based on gender is a new light on the horizon knowing the extent to which women have been abused and repressed and treated as property in many cultures through out the world.
Battered or abused women from other countries who want to start a new life in the United States now have a chance to do that through asylum, thanks to the Obama administration revising asylum laws(credit : report by NAM health editor Viji Sundaram.)
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