Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution. To apply for asylum in the U.S., individuals must meet the definition of a refugee, which includes experiencing persecution or having a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
There are two main pathways for applying for asylum depending on your situation. If you are placed in removal proceedings, you need to apply before an immigration court and argue your claim before an immigration judge. In this context, the necessity of an attorney is crucial. If you are not in removal proceedings, you can directly file your asylum before USCIS.
Defensive Asylum: Defensive asylum is for individuals who are in removal proceedings or who are otherwise facing deportation from the United States. This could occur if an individual is apprehended at a U.S. port of entry or border checkpoint, or if they are placed in removal proceedings for other reasons. In a defensive asylum case, individuals present their asylum claim before an immigration judge in an immigration court. The judge will hear arguments from both the individual and the government and will ultimately decide whether to grant asylum.
Affirmative Asylum: Affirmative asylum is for individuals who are already in the United States, regardless of their immigration status. To apply affirmatively, individuals must file Form I-589, Application for Asylum and for Withholding of Removal, within one year of arriving in the U.S. or demonstrate exceptional circumstances for filing late. After filing their application, asylum seekers will be scheduled for an interview with an asylum officer from the U.S. Citizenship and Immigration Services (USCIS). During the interview, they must provide evidence and testimony to support their claim of persecution or fear of persecution.
Even if you do not qualify for asylum, you may still be eligible for withholding of removal. If you are granted withholding of removal, you will not qualify for a green card, but you will be allowed to remain and work lawfully in the United States. To win Withholding of Removal, you must demonstrate that it is more likely than not that you will suffer future persecution if returned to your home country because of your race, religion, nationality, membership in a particular social group, or political opinion. However, the standard of proof for withholding of removal is higher than for asylum
If you fear torture in your home country, you may qualify for another form of relief under the Convention Against Torture. You must prove that you are more likely than not to be tortured either directly by the government or with the “acquiescence” of the government if returned to your country of origin. “Acquiescence” generally means the government is aware of the torture but does not try to stop it.
At Lunel Law, you will be provided with expert representation, experience gained from multiple cases of asylum seekers from different countries and from different backgrounds: persecution based on political opinion; race, ethnicity and national origin; religious persecution; victims of gangs; and, victims of sexual abuse, among others.
Contact us today to schedule a consultation and learn how we can help you achieve your immigration goals.