Legal Memorandum - Jane's Asylum - Essay Example

Legal Memorandum – Jane’s Asylum The sequel presents a proposal that analyzes the various factors associated with granting asylum to Jane. It is the objective of the author of this work to examine the various issues that relate to Jane’s endeavor to seek asylum in the US. To this end, several resources will be consulted, in order to glean the relevant information. Project Description Jane is a Canadian, whose parents have separated legally. Whilst attending school, she resides with her father, a minister in the Canadian government.

At other times, she visits with her mother, who lives in New York. One day, while Jane was staying with her mother, the latter died. Subsequently, Jane, who is 14 years of age, refused to return to Canada, as her father used to abuse her physically. She expressed her desire to seek asylum in the US, so that she could stay with her maternal uncle, who resides in California. She was also keen that her maternal uncle should become her legal guardian. In the usual course, Asylum has to be applied for, within a year of arrival in the US.

Under extraordinary circumstances this condition may be relaxed. Such applications are to be submitted in Form I – 589, Application for Asylum and for Withholding of Removal. Thereafter, the Asylum Officer or Immigration Judge will determine if the applicant is a refugee1. As such, a petition for asylum can be filed by a minor principal applicant, making such application in her own right2. On occasion, Asylum Officers interview a parent or trusted adult, so as to confirm guardianship information.

However, the presence of such a trusted adult or witness is not mandatory, in this process3. Although, a minor applicant may be unable to demonstrate a guardianship arrangement or parental knowledge and consent; this does has no bearing on the grant of asylum. In addition, the trusted adult, in this case Jane’s uncle, could provide information, regarding her claim, if she finds it difficult to do so, on account of her tender age4. Whilst deposing before the Asylum Officer or Immigration Judge, caution will have to be exercised, in order to ensure that there is no misrepresentation of facts.

This is because, Section 212(a)(6)(C) of the Immigration and Nationality Act, prevents the provision of asylum to any individual who seeks admission into the US on the basis of fraud or willful misrepresentation of a material fact5. Section 101(a)(42)(A) of the Immigration and Nationality Act, states that a refugee is an individual who is either unwilling or unable to return to his home country, due to actual persecution or a genuine fear of persecution, on the grounds of political opinion, race, religion, nationality or membership in some specific social group6.

Jane’s father intends to use her as a propaganda tool in a political movement that aims to establish an independent French Canadian State. Jane strongly opposes this development, and this is known to her father, who intends to compel her to join this separatist movement. Children exhibit exceptional vulnerabilities, and this has been accompanied by an increase in the importance being accorded to children seeking asylum. This situation has made the Immigration and Nationality Service to issue guidelines, in respect of children who seek asylum7.

These guidelines focus on interview procedures and the legal analysis of the various issues associated with such cases. Conclusion Therefore, Jane can file an application seeking asylum in the US, on her own. The fact that her father will oppose any such move, need not be cause for apprehension; because it can be clearly established that he had battered her and also was keen to use her for his personal and political objectives. However, she can be accompanied by her maternal uncle for better representation at the time of the interview.

Bibliography Statutes: Immigration and Nationality Act 1965 Electronic Sources: U.S. Citizenship and Immigration Services, Procedures for Minor Principal Applicant Claims for Asylum, (2009) available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=3a82ef4c766fd010VgnVCM1000000ecd190aRCRD&vgnextoid=21bf011522a9c110VgnVCM1000004718190aRCRD (last visited Feb. 23, 2010). U.S. Citizenship and Immigration Services, Frequently Asked Questions About Asylum, available at http://www.uscis.gov/portal/site/uscis/menuitem.

5af9bb95919f35e66f614176543f6d1a/?vgnextoid=457979812856d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1RCRD#how1 (last visited Feb. 23, 2010). U.S. Department of State Foreign Affairs Manual Volume 9 – Visas, 9 FAM 40.63 MISREPRESENTATION; FALSELY CLAIMING CITIZENSHIP (2009) available at http://www.state.gov/documents/organization/87010.pdf (last visited Feb. 23, 2010). USCIS Asylum Division, Guidelines for Children’s Asylum Claims (2009) available at http://www.uscis.gov/files/article/AOBTC_Lesson_29_Guidelines_for_Childrens_Asylum_Claims.

pdf (last visited Feb. 23, 2010).