Asylum from Persecution

Asylum is a form of governmental protection that may be granted to foreign nationals who flee their country due to the fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. The United States has become a safe zone for refugees seeking protection from persecution and has granted asylum to over two million evacuees in the last three decades alone. Individuals seeking asylum in the United States may be able to obtain it through the affirmative or defensive process. In some cases you may even be eligible for work authorization while you wait for a decision. It is also possible to become a permanent resident of the United States after certain asylum requirements are met.

The Asylum Process

In order to receive asylum through the affirmative process, you must file Form I-589 within one year of your arrival date to the United States, unless you are qualified for an exception. You will then attend an interview with a United States Citizenship and Immigration Services (USCIS) Asylum Officer who will ultimately determine your eligibility for asylum. If your case is denied, it will be forwarded to an immigration judge to review. The judge will make a decision about your case independent from the decision made by the USCIS officer. Since the process may be lengthy, you are able to live in the United States while your application is pending.

You can apply for asylum through the defensive process if you have been placed in removal proceedings in immigration court. Individuals may be placed in the defensive asylum process because they were deemed ineligible by USCIS through the affirmative process, they were in violation of their immigration status, or because they tried to enter the United States without proper legal documentation but were found to have a valid fear of persecution. You will then appear before an immigration judge for a court-like proceeding where the judge will hear both your side as well as the United States government’s side of the case and will determine if you are eligible to be granted asylum.

Contact a Skilled Immigration Attorney

If you or someone you may know would like to make a claim for asylum, you can rely on our experienced immigration attorney Barbara Griffin at Williams, Kratcoski & Can, LLC to guide you through the essential steps of applying for asylum. Barbara Griffin possesses the skills needed to produce an effective and efficient asylum application that will be beneficial to your future. Contact our law firm at 330-673-3444 to schedule a consultation. Consultations can be done in both English and Spanish. Se habla espan҃ol.