Asylum

Asylum

The process of applying for protection against removal or deportation to your country of original is commonly referred to “asylum.” Usually, a person who requests asylum in the United States is alleging that they have suffered past persecution, or have a fear of substantial future persecution, if they were to return to their native country. The reasons for said persecution can vary: 

• Persecution based on one’s race or nationality
• Religious persecution
• Persecution based on one’s political opinion
• Persecution based on one’s membership in a particular social group (such as gender-based persecution or sexual orientation) 

Asylum is a difficult and nuanced process, and you must work with an experienced and knowledgeable immigration attorney to guide you through the process and present the strongest case on your behalf.

There are two main procedures for asylum seekers: 

• Affirmative asylum: This process is for individuals who obtained a visa (tourist, student, etc.) to come to the United States and once they have been admitted, seek asylum from a local USCIS office. The process involved filing an application, and often waiting a substantial period of time until you are called for an interview. In the interim however, you are eligible to apply for work authorization and a social security card.
• Defensive asylum: Defensive filing is for individuals who come to the United States border or port of entry and surrender themselves to border patrol agents, seeking asylum in the United States. These individuals undergo a different process – some are detained and released, and some may need to request bond to be released, while others are released on their own recognizance and need to undergo monthly “check-ins” with an ICE officer. The individual is then placed in immigration court proceedings, in which an immigration judge will adjudicate the merits of their asylum application.

 Having the correct representation makes all the difference in asylum cases. Call our office for more information regarding the process.