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Page 22 of 30 |
I am not qualified for asylum status, but I fear being tortured when I return home. Is there any other recourse available to prevent this? |
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In addition to asking for asylum and withholding of deportation/removal, a foreign national can give evidence to the court that he/she is “more likely than not” faced with the possibility of being tortured, for any reason, should he/she be returned to their country of origin. To be considered torture, it must be an extreme form of cruel and inhuman treatment and it must be intended to cause severe pain and suffering. There is no requirement that torture be on account of race, religion, nationality, membership in a particular social group, or political opinion -- the traditional bases for asylum eligibility.
You can give evidence of your past experiences and the general conditions in the country the US is attempting to deport you. If you make a case, you cannot be extradited or deported to face torture at home. However, you can be removed to a third country.
The procedure for application is the same as filing for asylum, Form I-589. You include a detailed explanation of the mistreatment you experience or any threats made against you by a government or somebody connected to a government on the form. |
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