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Jane's Asylum Research - Essay Example

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IN doing this, I will be making use of a number of resources to obtain the necessary information that will help in addressing these issues. In order for Jane to be treated fairly, all of these…
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Janes Asylum Research
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Law firm (put here) January 17: this is a proposal to explore and research the issues surrounding Jane’s asylum case.
Summary
I would like to conduct research on the issues that surround Jane’s asylum case. IN doing this, I will be making use of a number of resources to obtain the necessary information that will help in addressing these issues. In order for Jane to be treated fairly, all of these issues must be extensively researched, which will enable them to be better dealt with.
Project Description
Jane is a child who is a Canadian resident who lives with her father in Canada during the time she is to attend school. During the summers and breaks, she stays with her mother in New York. Recently, her mother has died, meaning that Jane will have to stay with her father in Canada indefinitely. Jane does not wish to do this because her father is abusive to her. She wishes to remain a resident of the U.S., and her uncle in California will become her legal guardian. In order for this to occur, a petition for asylum will need to be filed.
While we know that this is the course of action that needs to be taken, there are some present issues that need to be addressed. First, there is the issue of how the petition will need to be filed. According to the Department of justice and other reliable sources, only the parent can file the petition (2002; the City University of New York, 2008; Migration & Refugee Services, 2010). Then, there is the issue of whether or not her uncle can serve as her legal guardian, as refugees under the age of twenty-one are still considered to be children (Refugee Info, 2010; Immihelp®.com, 1999-2010). Finally, there is the issue of misrepresentation. If a case involving an immigrant is misrepresented, there will be severe consequences for the misrepresentation (Honore, 2005; U.S. Department of State Foreign Affairs, 2009). To be sure that we carefully address each of these issues, a thorough research plan will need to be put into place, making sure that each issue is given careful consideration. This will be done in the following ways:
I will first conduct research on who is to file the petition for Jane.
I will then conduct research on whether or not her uncle can serve as her legal guardian in this case, since her only parent who lived in the U.S. is now dead.
I will carefully research the issue of proper representation, so as to avoid misrepresentation at any time during this case.
In order to effectively research all of the issues involved, I will need to make use of the following resources:
www.uscis.gov This site is extremely helpful, as it contains all of the necessary information concerning the topic of immigration.
www.refugeeinfo.org Being that this site is devoted to helping refugees, this will be an excellent resource, since Jane is considered to be a refugee and will need to follow the same process that refugee’s do, in order for her to continue to reside in the U.S. legally.
Google scholar This is an excellent resource in that it enables access to a number of journal articles on the subject, as well as other cases that can be referred to when defending Jane.
http://www.immigrationlinks.com/newstips.htm This site is particularly helpful as it contains just about all of the information needed as it concerns immigration.
Questia This is an online library that will enable access to a number of books, news articles, and journal articles.
Conclusion
Jane’s rights will only be best defended if we have the proper information about the laws regarding the petition of asylum, as well as concerning the proper processes that will need to be followed. Because knowledge is power, it is important that we have as much of it as possible to insure success of this case. Such knowledge can only be obtained through very thorough research.
References
Honore, D. (2005). Public Reprimand No. 2005-26. Retrieved from www.mass.gov/obcbbo/pr05-26.htm
Immihelp®.com. (1999-2010). Refugee to the United States. Retrieved from http://www.immihelp.com/gc/refugee.html
Migration & Refugee Services. (2010). Immigrating the Spouse and Children of Refugees. Retrieved from http://www.usccb.org/mrs/derivativepart1.shtml Notes
Refugee Info. (2010). Refugee Info: Family Visas. Retrieved from www.refugeeinfo.org/immigration/
familyvisas.html
The city University of New York. (2008). Frequently Asked Questions about Asylum. Retrieved from
http://web.cuny.edu/
U.S. Citizenship and Immigration Services. (2002). Asylum. Retrieved from www.uscis.gov
US Department of Justice. (2002). Immigration and Naturalization Service HQIAO 120/12.9 MEMORANDUM
FOR Asylum Office Directors Supervisory. Retrieved from www.uscis.gov/files/pressrelease/
cspa_memo_pub.pdf
U.S. Department of State Foreign Affairs. (2009, December 6). 9 FAM 40.63 Misrepresentation Falsely Claiming Citizenship. Retrieved from http://www.state.gov/documents/organization/87010.pdf Read More
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