Glendale Asylum Lawyer
Serving Clients Throughout Los Angeles & Across the US
Asylum allows individuals who have fled their home country due to the threat of violence or significant hardship to remain in the US under a protected status.
There are two types of asylum that individuals can seek:
- Defensive asylum is for people who are in the process of removal hearings because they were detained at a US port of entry without necessary documentation or because they violated their immigration status. It is also an option for people who were detained by a border protection officer and are facing removal but can prove that returning to their home country would be dangerous.
- Affirmative asylum is for individuals who are not currently involved in removal hearings. Should the USCIS deny a person’s application and refer them for a removal process, they may still apply for defensive asylum.
For both the defensive and affirmative processes, those seeking asylum can retain a lawyer. The US will not, however, provide a lawyer for a person seeking asylum who is unable to obtain one.
Reach out to our Glendale asylum lawyer by calling (818) 201-2636 or contacting us online!
How to Apply for Asylum
Below are steps to take when applying for defensive or affirmative asylum. The circumstances in which an individual would apply vary, and each type of application presents its own challenges. If possible, retaining a lawyer can help put an applicant in a position to receive the protection they need for themselves and their family.
Prepare and File Form I-589
The first step in applying for any type of asylum is preparing and filing form I-589 with the appropriate immigration court. For people with families accompanying them, their form can include spouses and minor children as dependents.
What Happens After Applying for Defensive Asylum
After applying for defensive asylum, an applicant will receive a receipt notice. They will also have to appear at a finger printing appointment and participate in an asylum hearing.
The Asylum Hearing for Defensive Applications
At the asylum hearing, an applicant will make their case to an immigration judge. They may have a lawyer present who can assist in demonstrating why they need asylum in the US. They may also present witnesses who can help further their case. For individuals who are not fluent in English, they will have access to an interpreter during the hearing.
What Happens After Applying for Affirmative Asylum
Affirmative asylum applicants will receive a receipt of notice, and they also will need to get their fingerprints taken and complete an interview with a USCIS officer.
The Asylum Interview for Affirmative Applications
At the affirmative asylum interview, an applicant will have to demonstrate to a USCIS representative why they need asylum. They are entitled to seek legal representation during this hearing. It is advantageous to retain an attorney well before the hearing to help the applicant adequately prepare for the interview. If an applicant does not speak English fluently, they must provide their own translator. However, that translator cannot be a lawyer or anyone who is involved in the case.
The Wait Time for Asylum Decisions
US law states that applicants for asylum should receive their decision within 180 days of applying. It is often the case that the USCIS does not process applications fast enough to meet this deadline.
While waiting for a decision, many individuals seeking affirmative asylum can apply for work permits. All individuals applying for affirmative asylum should not travel outside of the US, as it could jeopardize their application and the US might not allow them back into the country.
Expediting the Asylum Process
In certain cases, you may request to expedite your asylum request. An example includes, but is not limited to, a situation when a person is at risk of serious physical or financial harm and needs asylum quickly.
Other Forms of Relief for Asylum Seekers
There are two other ways beyond the defensive and affirmative processes that individuals can seek asylum in the US. The first is withholding of removal. This form of protection allows people to stay in the US and legally work, but it does not make them eligible to apply for permanent residency.
To obtain this protection, a person must demonstrate that returning to their home country would be dangerous for them, as they would experience persecution because of their religion, race, social group, or political association. The second additional asylum option is for relief under Convention of Torture (CAT), which lets people stay in the US if they can prove that returning to their home country would lead them to experience some form of torture that their national government endorsed or “acquiesced” (permitted by ignoring or refusing to stop it).
Obtaining a Green Card through Asylum Status
If you have been granted asylum, you may apply to become a lawful permanent resident (LPR) in the US after one year. An asylee’s spouses and children are also eligible to apply for this status.
Although it is not a requirement for an asylee to apply, it could be in their best interest. Being an LPR protects individuals from facing issues should US immigration laws or provisions change, or if any event in their home country would alter their asylee status.
Learn more about how we can help you by calling (818) 201-2636 or contacting us online!
