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1. Asylum for Yemen
nationals US Immigration
Law
An analysis of Asylum law and how it might apply to the situation
in Yemen.
Note that this slide in no way guarantees that all Yemeni
nationals are eligible for asylum. It is just a hypothetical
analysis which might be helpful to someone filing an asylum
claim. In the meantime, kindly Sign our Petition:
Temporary Protected Status (TPS) to Yemen Nationals.

2. Situation in Yemen

Yemen unfortunately is in big trouble and without government, it
seems that the different factions are fighting and many of the
innocent non-partisan citizens just based on their race or group,
are being targeted. As such their lives are in danger or they are
fearing persecution. They genuinely fear persecution in case
they have to return to Yemen. We hope United States will start
granting a TPS to Yemenis. However even without TPS, we
believe that many might be eligible for asylum. We made this
slide to remind people about who qualify for asylum and who
can file. Hope it helps. Should you need help please call us at
(415) 643 4342 or (510) 742 5887

3. What is Asylum
The United States grants Refugee or Asylum status to
people who have been persecuted or fear on account
of:
1. His or Her Race;
2. His or Her Religion;
3. His or Her Nationality and/or
4. His or Her Membership in a particular social group or
political opinion.

4. Do Yemenis
qualify for Asylum?

To file an asylum one should know the situation in Yemen.
These are few references as we are writing this slide.

CIA Factbook Report.

CNN – Civilians killed in conflict.

NY Times – Chronological Description of Event.
As per the links above, it seems that the country conditions are
actually bad. Based on the events, the question is whether
certain Yemeni nationals might be eligible for asylum. As such
let analyze what is asylum and who qualifies.

5. Who can obtain Asylum?
The Protection of asylum is given to those who:
1. Meet the definition of a refugee;
2. Are actually present in the United States; or
3. Are seeking admission at a port of entry – irrespective of
the country of origin.
Tips: Based on the different ethnicities as well as internal
and external conflicts, many Yemen nationals who are
actually present in the US or entering the the US, might
actually be among the asylum categories mentioned.

6. Who qualifies as a refugee?
1. A person who is inside the United States;
2. Can show that he/she was persecuted or fear future
persecution based on race, religion, nationality,
membership in a particular social group, or political
opinion;
3. Is not or previously did not firmly resettled in another
country and
4. Is actually admissible to the United States.

7. Be aware of The One Year
Bar Rule
The regulations, at 8 C.F.R. § 208.4 (a), state
that an applicant has the burden of proving that
her “application has been filed within 1 year of
the date of the alien’s arrival in the United
States,” and that “the 1-year period shall be
calculated from the date of the alien’s last
arrival in the United States . . .” Before the
Ninth Circuit’s opinion in Minasyan v. Mukasey,
the Asylum Division counted the day of arrival
as “day one” for purposes of calculating the
one-year period.

8. Exceptions to the one Year
Bar Rule
If an applicant did not apply for asylum within one year from last arrival
in the United States, he or she may still be eligible to apply for asylum
if the applicant establishes that there are changed circumstances
materially affecting the applicant’s eligibility for asylum or extraordinary
circumstances related to the delay in filing. Once an applicant
establishes the existence of such a changed or extraordinary
circumstance, the applicant must demonstrate that the application was
filed within a reasonable amount of time given those circumstances.
Few exceptions are:
1. Change of Country Conditions – like right now in Yemen
2. Maintaining Status – like student visas or other visas
3. Health conditions not permitting applications.
4. Change of personal circumstances such as change of group.

9. People who are ineligible for
Asylum are those who:
•
Have assisted in the persecution of others.
•
Have committed and been convicted of aggravated felony or
a serious crime.
•
Are a threat to US safety or security.
•
Are already “firmly resettled” in another country.
Tips: For Yemenis who have participated or were in association with
any denomination(s) which is or are qualified as “terrorist”
organizations or group, be careful when applying. Although you
might have a good case, it is easy to brand you as an “oppressor”
and ultimately deny or even place you in deportation. In this case
please use a lawyer to assess or to apply.

10. Termination of Asylum
•
Asylum which is granted in US does not expire
•
USCIS reserve the right to terminate asylum if no longer
have a well founded fear of persecution
•
The Asylee has obtained protection from another country
•
The original asylum granted through fraud
•
Committed certain crimes or engage in activities that create
ineligibilities.
•
Tips: Make sure that none of the above is present during or
after the asylum process.

11. Sign Yemen TPS Petition

12. This is provided for educational
purposes only. Do not act or refrain
solely on the information provided.
Shah Peerally is an attorney licensed in California practicing immigration law and
debt settlement. He has featured as an expert legal analyst for many TV networks such as
CNN, NPR, NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work
have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji
Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international
newspapers. His work has been commended by Congress women Nancy Pelosi and
Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in
legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group,
has represented clients all over the United States constantly dealing with the United States
Citizenship and Immigration Services (USCIS), Immigration and Custom
Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of
Homeland Security (DHS). This department was formerly known as the Immigration and
Nationality Services (INS).
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No attorney-client relationship is created by this slide. For more information call us on
510.742.5887 or 415 643 4342 and visit www.PeerallyLaw.com