Asylum Immigration Lawyer

In a world marred by unrest and persecution, the flight from one’s homeland has tragically become commonplace. Amidst this global turbulence, asylum emerges as a beacon of hope, offering a chance for stability and safety to those seeking respite. Our asylum immigration lawyers can help you make the first step into a brighter and safer future.

What is Asylum?

Asylum represents a valuable protective shield that allows individuals to remain in the United States. Therefore, this migratory remedy shields them from their potential deportation to countries where they face the threat of persecution or harm.

U.S. law grants the right to seek asylum to those fleeing persecution in their native countries to request asylum. If granted, asylum bestows protection and the legal entitlement to reside in the United States. Those who are granted asylum are recognized as asylees.

This profound gesture strengthens family bonds, embodying the essence of compassion and togetherness. Besides, this petition serves as the initial step in the process of bringing eligible relatives to the U.S., allowing them to obtain legal permanent residency and fostering family reunification.

Different Types of Asylum Proceedings

Navigating the intricacies of seeking asylum in the U.S. involves two distinct paths: affirmative asylum and defensive asylum. Each one ensures individuals have avenues to pursue safety and refuge.

Affirmative Asylum

Individuals not in removal proceedings can proactively apply through the U.S. Citizenship and Immigration Services (USCIS). If USCIS denies the application, the applicant can enter removal proceedings and appeal before an immigration judge.

This category emphasizes the government’s recognition of the immediate need for families to be together and prioritizes their unity. In fact, IR visas are typically processed promptly, enabling the beneficiaries to join their U.S. citizen family members swiftly.

Defensive Asylum

Individuals in removal proceedings apply defensively before an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice. It serves as a defense against removal from the U.S.

In both proceedings, asylum seekers have the right to get the advice of a legal professional. Our specialized team of asylum immigration lawyers can help you choose the right path and make you achieve safety.

Eligibility Criteria for Asylum

Navigating asylum eligibility is vital for prospective applicants. Some key criteria that outline the essential requirements for asylum seekers in the United States are:

The applicant must have suffered persecution in the past or have a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion.

The persecution or threat must be from the government of the home country or from groups that the government is unable or unwilling to control.

Asylum seekers must apply for asylum within one year of their arrival in the United States, unless they can demonstrate changed circumstances or extraordinary circumstances that prevented them from applying within the one-year deadline.

Individuals with certain criminal convictions may be ineligible for asylum. Serious criminal convictions can bar someone from asylum eligibility.

Asylum seekers can apply affirmatively through the U.S. Citizenship and Immigration Services (USCIS) or defensively if they are in removal proceedings before an immigration judge.

Spouses and children (unmarried and under 21 years old) of principal asylum applicants can be included in the same asylum application as derivative beneficiaries.

Should you consider this process overwhelming and complex, discuss your concerns with professionals who understand immigration intricacies. Contact Jaskot Law and its asylum immigration lawyers will ensure you navigate the complexities with confidence.

How to Apply for Asylum

The path to asylum in the U.S. is marked by specific stages, each pivotal for asylum seekers. From arrival to decision, the vital stages of this process are:

Step 1

Arrival in the U.S.

Asylum seekers arrive in the United States, regardless of the mode of entry, and express their intention to seek asylum to a U.S. immigration officer or present themselves at a port of entry.

Step 2

Filing the Asylum Application

Affirmative Process: Asylum seekers not in removal proceedings file Form I-589, Application for Asylum and Withholding of Removal, with the U.S. Citizenship and Immigration Services (USCIS) within one year of arrival.

Defensive Process: Asylum seekers in removal proceedings file Form I-589 with the immigration judge during court hearings.

Step 3

Biometrics Appointment

Asylum applicants attend a biometrics appointment to provide fingerprints, photographs, and other background information. This information is used for security checks and to verify the applicant’s identity.

Step 4

Asylum Interview

Affirmative Process: Applicants attend an asylum interview with a USCIS asylum officer to present their case, share their reasons for seeking asylum, and provide supporting evidence. The officer assesses the credibility and merits of the asylum claim.

Defensive Process: Applicants present their case during court hearings before an immigration judge. Legal representation is crucial during these proceedings.

Step 5

Decision

Applicants receive a decision from USCIS or the immigration judge. If granted asylum, individuals can live and work in the United States and may apply for permanent residency (Green Card) after one year. If denied, applicants may appeal the decision within 30 days in immigration court.

Get rid of Fear and Pursue Safety together with an Asylum Immigration Lawyer

No individual should be left adrift fleeing their homeland in a world marred by unrest and persecution. Asylum emerges as a compassionate solution, providing a pathway to security for those escaping the shadows of fear.

With transparent communications and the due diligence every asylee deserves, Jaskot Law and its team of seasoned asylum immigration lawyers will ensure a positive outcome on every case. Don’t face your hardships alone, let us guide you through the immigration turmoil.

ith years of experience, the skilled team of family immigration lawyers at Jaskot Law ensures your journey to reunification is as smooth as possible. Let us handle the legal complexities, allowing you to focus on building a future together with your loved ones.

FAQs to Better Understand Asylum Proceedings

Can I still apply for asylum even if I am in the United States illegally?

Yes, asylees can still apply for asylum regardless of their immigration status. However, they have to meet certain requirements to do so:

Not currently being in removal proceedings.
Filing an asylum application within 1 year of arriving to the United States or demonstrate that they are within an exception to such rule.

What documentation is required when submitting an I-589 asylum application?

When submitting an I-589 asylum application, applicants must provide supporting documentation to establish their eligibility for asylum. This may include evidence of persecution, such as police reports, medical records, and affidavits from witnesses or experts. Applicants must also provide proof of identity and may be required to undergo a medical examination and a background check.

What is the difference between asylum and refugee?

Asylum and refugee status both offer protection, but the key difference lies in the location of the application. Asylum is sought within the host country by individuals fearing persecution, while refugees apply for protection from outside their home country, often through UNHCR, and are resettled in a third country, including the United States.

Can I apply for asylum even if I was convicted of a crime?

Yes, you can apply for asylum even if you were convicted of a crime. However, serious criminal convictions can bar someone from asylum eligibility. Among asylum seeker who have committed a crime and whose application may be denied are those who:

have aided in persecuting others.

pose threats to U.S. safety or security.

have already found secure settlement in another nation.

have previously been denied asylum.

apply for asylum more than one year after entering the United States.

have transited through a "safe third country.”