Asylum

The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.

Affirmative Asylum Processing With USCIS

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.

You must apply for asylum within one year of the date of their last arrival in the United States, unless you can show:

  • Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing.

  • You filed within a reasonable amount of time given those circumstances.

You may apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS.

If your case is not approved and you do not have a legal immigration status, a Notice to Appear, will be served on you and your case will be forwarded to an Immigration Judge at the Executive Office for Immigration Review (EOIR). The Immigration Judge conducts a ‘de novo’ hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS.

Defensive Asylum Processing with EOIR

A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

The Immigration Judge then decides whether the individual is eligible for asylum. If found eligible, the Immigration Judge will order asylum to be granted. If found ineligible for asylum, the Immigration Judge will determine whether the individual is eligible for any other forms of relief from removal. If found ineligible for other forms of relief, the Immigration Judge will order the individual to be removed from the United States. The Immigration Judge’s decision can be appealed by either party.

Something
about us

Our law offices are comprised of highly qualified attorneys with over 30 years of extensive experience. We take pride in our success rates over the years with attorneys that have guided...Read more

Popular
Links

Recent
Post


Fatal error: Uncaught Error: Call to undefined function split() in /home/raminu5/public_html/magpierss/rss_parse.inc:153 Stack trace: #0 [internal function]: MagpieRSS->feed_start_element(Resource id #12, 'atom:link', Array) #1 /home/raminu5/public_html/magpierss/rss_parse.inc(127): xml_parse(Resource id #12, '<?xml version="...') #2 /home/raminu5/public_html/magpierss/rss_fetch.inc(289): MagpieRSS->MagpieRSS('<?xml version="...', 'ISO-8859-1', NULL, true) #3 /home/raminu5/public_html/magpierss/rss_fetch.inc(175): _response_to_rss(Object(Snoopy)) #4 /home/raminu5/public_html/asylum.php(159): fetch_rss('http://immigrat...') #5 {main} thrown in /home/raminu5/public_html/magpierss/rss_parse.inc on line 153