helps people obtain asylum in the United States.
Whether you are affirmatively filing an asylum application with USCIS or applying for asylum before an Immigration Judge as a form of relief from deportation in removal proceedings, our immigration lawyers can help you with your Asylum case.
Asylum provides a pathway for certain people to not only obtain lawful status in the United States, but also provides a pathway to a greencard and ultimately United States citizenship. The concept behind asylum is that we, as a country, are going to provide safe haven to those who would otherwise be persecuted or tortured if sent back to their own countries. There is no doubt that Asylum has saved many lives.
If you are otherwise eligible, you can apply for Asylum within 1 year of entering the United States. In order to be eligible, you must establish that either:
- you are unwilling or unable to return to your home country because of past persecution, or
- you have a well founded fear of persecution,
- Membership in a Particular Social Group, or
- Political Opinion.
There are two ways to apply for asylum. Affirmative Asylum is when you apply with USCIS on Form I-589. For example, if you entered the United States on a visitor visa and are here inside the United States, but you fear returning home, you can send an application to USCIS, which will then either approve or deny your asylum. The other way to apply for Asylum is called a defensive Asylum application. If you are placed in removal (deportation) proceedings, you can ask the Immigration Judge for Asylum. The result is the same either way if your Asylum is granted. You will become an Asylee and will become eligible for a greencard in one year, if you are otherwise eligible.
You should never apply for asylum without speaking to an experienced immigration lawyer first. Asylum law is one of the most complicated areas of immigration law. There are countless appellate cases that have been decided that may preclude you from obtaining Asylum. If you apply and are denied, you could be placed in deportation proceedings. If you apply and it is determined that your application is frivolous, there are significant and severe consequences. Even if you don't invest in an immigration attorney to file your asylum application, you should invest in a comprehensive immigration consultation to educate yourself about the process and potential pitfalls.
If you believe that you may be eligible for Asylum, call us: