Asylum

You maybe eligible for asylum if you are at a port of entry or in the United States. You may apply for asylum regardless of your immigration status and within one year of your arrival to the United States.

If you are from a country where you have undergone persecution, or you have a well-founded fear of being persecuted if you return to that country in the future, you may decide to seek asylum.

There are two primary paths to claim asylum in the United States:. The affirmative process and the defensive process:


  1. Affirmative Asylum: A person who is not in removal proceedings may affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS). If the USCIS asylum officer does not grant the asylum application and the applicant does not have a lawful immigration status, he or she is referred to the immigration court for removal proceedings, where he or she may renew the request for asylum through the defensive process and appear before an immigration judge.

  2. Defensive Asylum: A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR).

Are you or a family member seeking asylum in the United States? our experienced attorney is here to help you throughout every step of the process. Asylum laws can be challenging. This is why it’s recommended to seek professional legal advice from an attorney with extensive asylum law experience. To find out if you or a loved one qualify for asylum in the U.S., please contact us today to discuss your case.https://www.smousavilaw.com/immigration-law/asylum

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