Many people come to the United States to find protection for themselves and their loved ones when they have reason to believe that their lives are being threatened due to their religion or race. If you or someone you love has suffered persecution or have a reasonable fear that you will, the asylum lawyers at Family Visa can help you seek refugee status. Asylum allows you to remain in the United States and receive the protection you need to stay safe. Call Family Visa today to learn more about the process of filing for asylum.
What Is Asylum?
Asylum is a form of protection that makes it possible for individuals to remain in the United States instead of being removed or deported back to a country where they have suffered persecution, or are in fear that they will.
Who Qualifies for Asylum or Refugee Status?
To qualify for asylum or refugee status under the law (8 U.S. Code § 1158), you must establish that you meet the definition of a refugee – by having either been a victim of past persecution or in fear of becoming a victim of future persecution due to one of the following five reasons:
- Your race
- Your religion
- Your nationality
- Your membership in a particular social group
- Your political opinion
What Is the Process of Obtaining Asylum?
There are two pathways to obtaining asylum in the United States. One is through the affirmative process and the other is through the defensive process.
- The affirmative asylum process requires you to be physically present in the United States. You can apply for asylum with USCIS form I-589 if you are not in the removal proceedings.
- The defensive asylum process is used as a defense for people who were placed in removal proceedings before an immigration judge – meaning they are in the legal process of an immigration judge determining whether they can remain in the United States.
Filing for Asylum
As mentioned above, you can apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to the USCIS. The law requires that you file for asylum within one year of your arrival in the United States. There is no fee to apply. You will generally receive a decision on your asylum application within 180 following the date you filed your application.
Why You Should Hire an Asylum Attorney
If you are in removal proceedings, you need an experienced asylum lawyer who can help defend against your removal and bring you the best outcome possible. If you are in the United States and have a reasonable fear of facing persecution, you deserve a lawyer who will protect your rights and help you file for affirmative asylum.
An asylum attorney can help you determine your eligibility and which course of action is best for your specific situation. We can also help you file for asylum, provide you with a better chance at getting your application approved, and the legal representation you would need if you are met with any issues during the process. The family immigration attorneys at Family Visa will be available to answer any questions you may have, check on the status of your case, and keep you updated at every stage.
Call us today to schedule a free consultation, discuss your situation with a trusted attorney, and learn more about your options.