How to Apply for Convention Against Torture Protection (Part: 2) Read part one here Requirements You Must Satisfy to Qualify for CAT Protection To be eligible for protection under CAT, you must demonstrate that it is highly probable that you would be subjected to torture if you were removed from the country you are seeking refuge from. The harm that you anticipate must satisfy the criteria for “torture”, according to the CAT. Specifically, it must involve the intentional and illegal infliction of severe physical or mental pain or suffering, with the involvement of a public official, for purposes such as punishment, eliciting a confession, intimidation, or discrimination. In order to qualify for CAT protection, the torture must be carried out by, at the behest of, or with the consent or acquiescence of your government. Furthermore, you must be unable to escape from your torturer. Torture can take various forms, including rape, electric shocks, coerced ingestion of drugs or other substances, deprivation of food or water, physical assaults, and threats of such mistreatment. How to Show You Satisfy the Standards for CAT Protection The process of obtaining CAT protection is characterized by objectivity. You are required to furnish objective evidence, such as country reports and news articles, which clearly indicate that you are more prone to experiencing torture than not. In order to establish that you harbor genuine apprehension of torture, you must provide verifiable information that confirms the existence of an extreme form of cruel and inhuman punishment that you are likely to face. It is worth noting that while several forms of punishment can amount to torture, only the most extreme forms qualify as such. For instance, indefinite detention cannot be classified as torture. You are required to demonstrate that the probability of being subjected to torture upon your return is more likely than not. The evidence you can present is similar to the supporting documents and information needed for your asylum claim. The Immigration Judge (IJ) will consider your personal circumstances and your government’s patterns of violations of human rights. Specifically, you need to provide information and documentary evidence about: what type of torture you fear if forced to return if applicable, what type(s) of torture you had suffered in the past in that country if applicable, what type(s) of torture your close family or friends had suffered and how your government has tortured other people similar to you. Note that any torture you have suffered in the past is merely a relevant factor. Unlike with an asylum claim, past torture does not automatically lead to a grant of CAT. That is because the goal of CAT relief is to prevent your torture in the future. Therefore, you must focus on showing what torture you would be more likely than not to suffer in the future. You Must Be Granted CAT Protection If You Meet the Required Factors CAT protection is an essential and non-negotiable form of relief that must be granted by the IJ if all required elements are met. Any

Read part one here Filling Out Form I-730, Refugee or Asylee Relative (Part: 2) Form I-730 Instructions Here are step-by-step instructions for filing your I-730 petition. There are a total of eight parts that must be completed. Start Here Make sure to start at the very beginning—titled START HERE—by filling in your status as either a: Refugee Asylee Lawful permanent resident (LPR) based on previous refugee status LPR based on previous asylee status You must also state who the beneficiary is and the number of qualifying relatives you are filing for. Part 1: Petitioner Information In this section, you will fill out the information about yourself—the petitioner. You will include information like your: Last, first, and middle names Residential and mailing addresses Telephone number Email address Gender Date of birth Country of birth Nationality S. Alien Registration Number (A-Number) S. social security number, if you have one Marriage Information Asylee or refugee status information Part 2: Beneficiary Information Here, you will include much of the information you wrote in part 1, except now about the beneficiary of the Form I-730. You will also need to let USCIS know if the beneficiary is currently inside or outside of the U.S. And you will need to answer some additional immigration questions. If you are confused about any part of this section, talk to your immigration attorney for clarification and direction about: Language fluency Entry to the United States Immigration history Part 3: 2-Year Filing Deadline Fill out this part if you have passed the two-year filing deadline. Here, you will explain your reasoning for not having applied within the required time. You must also provide evidence to support your reasoning. Part 4: Warning USCIS adds a warning portion about I-730 removal proceedings. Speak with your immigration attorney about your beneficiary’s status and if they are in the United States with unlawful status. Part 5: Signature of Petitioner Make sure you sign and print your name and date here. Part 6: Signature of Beneficiary Make sure the beneficiary signs and prints their name and date only if they are in the United States. Part 7: Signature of Preparer If anyone other than the beneficiary or petitioner contributed to preparing your Form I-730, make sure they sign the form as well. Part 8: To Be Completely at Interview of Beneficiary, If Applicable Do not fill out this section. This section will be filled out at the beneficiary’s interview. You, the petitioner, may be asked to be interviewed as well. What Is the Form I-730 Processing Time? Processing times can be difficult to predict, particularly if USCIS is experiencing a backlog. The USCIS Form I-730 process can take between five to ten months, and possibly longer, which does not include any steps that must be taken after you submit your petition. The full process can take over a year, so it’s important to work with a knowledgeable immigration attorney to make sure each step is done correctly to optimize your processing time. What Are I-730 Removal

Filling Out Form I-730, Refugee or Asylee Relative (Part: 1) If you have been granted refugee or asylum status in the United States, you have the option to file Form I-730, which is the Refugee/Asylee Relative Petition, with the U.S. Citizenship and Immigration Services (USCIS). By submitting this form along with the necessary supporting documents, you can enable your spouse and unmarried children under the age of 21 to join you in the United States in derivative asylee/refugee status. (See I.N.A. § 207(c)(2) and I.N.A. § 208(b)(3).) It is important to note that you have a two-year window from the date of your grant of asylum or refugee status to apply for derivative status for your eligible family members. However, in certain cases where there is good cause, the requirement to file within two years may be waived by the U.S. Keep in mind that as the principal asylee or refugee, you are the only one eligible to file Form I-730 for your family member. If you were granted derivative asylee or refugee status, you are not eligible to file this form. Who Will Qualify as a Refugee/Asylee Relative The principal refugee or asylee must be the person who fills out and files the form for family members. The family members themselves cannot petition for derivative status on their own.  To become a derivative refugee or derivative asylee, the family member must: Have an existing relationship with the principal refugee or asylee Be an unmarried child Be under the age of 21 Have no record of persecution   Having an Already Existing Relationship on Your Asylum/Refugee Grant Date When you file Form I-730 for a spousal family member, you must have an already established relationship with the person when you received your refugee or asylum status. Additionally, you and the partner you are petitioning for must still be in relationship when you file Form I-730 with USCIS. For your spouse, you must have been married by the time you were granted refugee status/asylum. If you are filing for your child, they need to have been either conceived or born by the date you were granted refugee status or asylum. I-730 Petition for Your Unmarried Child If you are filing USCIS Form I-730 for your child, they must be unmarried. If your child gets married even after you file, they will be ineligible to join you in the United States. Child Under 21 Years Old The child you are filing the I-730 petition for needs to be under the age of 21: When you first applied for asylum or When you had your refugee status interview Another qualification is for your child to be listed on your initial forms (Form I-589 or Form I-590) when you petitioned for your current status. If your child is currently 21 and you have already petitioned for them using Form I-730, then they may be protected under the Child Status Protection Act (CSPA). According to the Immigration and Nationality Act (INA), a child is defined