Legal Memorandum - Jane's Asylum Essay Example | Topics and Well Written Essays - 750 words

Legal Memorandum - Jane's Asylum - Essay Example 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. 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.