Asylum is claimed by a person who flees their home country, enters or requests entry into the United States, and applies for protection from the United States so they do not have to return to their country of origin.
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to your country of nationality, because of persecution or a fear of persecution on account one of the following:
- membership in a particular social group or
- political opinion
Economic hardship is not a valid reason to file for asylum.
The terms “persecution” and “membership in a particular social group” are not clearly defined and is typically determined on a case by case basis.
In most cases, you must file for asylum within one year of entry into the United States. If you have been in the U.S. longer than one year, you may still be able to apply for asylum, but only if you can prove there were special circumstances that prevented you from applying within that first year.
These are just a few of the many reasons it is important to find an asylum lawyer near you that can guide you through the process.
How do I File for Asylum?
If you are already in the United States, preferably on a valid visa, you can apply for asylum using a USCIS form I-589. This process is known as Affirmative Asylum.
If you are seeking asylum from outside the US, and do not have a valid visa to enter the country, you can claim asylum at a port of entry, such as a border crossing. This is known as Defensive Asylum. Defensive Asylum claims are much more difficult to navigate.
If you are going to apply for asylum, it is important to know that all asylum applicants are required to testify before an asylum officer or even an Immigration Judge in support of their application.
The REAL ID Act of 2005 increased the burden on asylum seekers to provide corroborating evidence of their asylum claims. Under the REAL ID Act, even if the asylum officer or Immigration Judge finds your testimony credible, they may still require you to provide additional evidence in support of your claim. There are many third party resources such as news reports, government report or information from human rights organizations. Determining what you need to corroborate your claim can be difficult. Our asylum lawyers can help.
My asylum application was denied. Can I appeal?
Appealing an asylum denial is very difficult. You must demonstrate to the Board of Immigration Appeals that there your circumstance have changed and that those changes materially affect your eligibility for asylum. Due to the difficulty of such appeals it is important that you hire an experience Asylum lawyer at the very beginning.
Do I need to hire an Asylum Lawyer?
Asylum allows you to live and work in the US, become an official ‘Green Card’ holder, and ultimately file for US Citizenship. Our qualified and experienced Immigration attorneys can help you determine if you are able to petition the United States for asylum.
If you are qualified for asylum, our Immigration lawyers can help you file the required forms and represent you throughout the entire process. We have law offices conveniently located across the State of Texas, as well in Arizona and Tennessee but we can help you with your asylum case no matter where in the world you may be. Our fee are very affordable and your immigration consultation is FREE.
Call for a FREE consultation to discuss getting Asylum with an Immigration Lawyer at Dunham & Jones.