An asylum lawyer defends individuals from removal due to persecution or fear of persecution if returned to their home country. We also help asylum seekers and refugees become lawful permanent residents.314-416-8000
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The U.S. Citizenship and Immigration Services (USCIS) may grant you relief from removal if you seek protection from persecution in your home country. You may apply for asylum to enter or remain in the U.S. if you were persecuted, or fear future persecution based on your:
Immigration law has a broad definition of persecution itself, ranging from physical violence to unlawful detention and other harm or threats of harm. It is best to talk to an asylum seeker lawyer about your personal circumstances to advise you about applying for protection.
The affirmative asylum process is for individuals who are physically present in the U.S. and not facing removal or deportation. For many immigrants, the affirmative asylum process involves:
The Asylum officer evaluates the application for asylum according to the Immigration and Nationality Act. A supervising officer then reviews this decision.
The defensive asylum process is primarily for individuals placed in removal proceedings before an immigration judge. This process usually involves:
After listening to both sides, the immigration judge will decide whether to grant asylum.
Many of our asylum lawyers are immigrants. We understand the uncertainty and stress of navigating the immigration legal system. We help asylum seekers avoid potential issues that could delay or complicate their application.
Regardless of whether you are seeking affirmative or defensive asylum status, there are several possible outcomes:
There are many steps in the asylum application process. Do not be discouraged if your case goes to immigration court or seems to take a long time. Let an experienced lawyer for asylum help you get the best possible outcome.
Individuals seeking affirmative asylum must provide their own interpreter for the interview. In defensive asylum proceedings, the immigration court provides a qualified interpreter. You have the right to bring an attorney with you in both situations.
A U.S. asylum lawyer will go over the documentation you should bring to the interview.
Being granted asylum means that you may remain in the U.S. The grant of asylum applies to your spouse and minor children, so long as you included them on your application and they are in the U.S.
You will receive a completed I-94 proof of your asylum status.
A grant of asylum allows you specific rights:
The USCIS could terminate your asylum protection under certain circumstances. So, if you want to remain in the U.S., talk to an asylum lawyer about pursuing permanent residency or citizenship through naturalization.
The USCIS may grant Temporary Protected Status (TPS) to foreign nationals already in the U.S. but for whom returning to their home country is dangerous.
The Department of Homeland Security could issue a temporary stay for immigrants for such circumstances as:
An asylum immigration attorney can help individuals with TPS apply for adjustment of status.
Individuals who live outside the U.S. who want to escape persecution in their home country may seek refugee status. Asylum status is a form of immigration relief for persecuted individuals already in the U.S. or seeking lawful entry at a port or border.
Individuals may apply for asylum regardless of their current immigration status or their country of nationality. There is a unique process for Afghanistan citizens, nationals, or individuals who lived primarily in Afghanistan.
An asylum lawyer can determine if you should apply for asylum in the Operation Allies category.
Every year, people come to the U.S. to escape persecution and begin a new life. Our asylum lawyers help you navigate this process so that you may live without fear of persecution in America.