When people enter into the United States and have legitimate reasons to fear returning to their home countries, the U.S. government allows them to seek asylum and potentially remain in the U.S. indefinitely. However, the process of obtaining asylum is challenging, and it is important to demonstrate that you qualify, or your request could be denied.
A Bolingbrook asylum lawyer could assist you throughout the application process. Working with an experienced immigration lawyer could help you establish your eligibility in a persuasive manner and help you avoid mistakes that could jeopardize your application.
How Could Someone Apply for Asylum?
Those seeking asylum need to file a Form I-589, a detailed document requiring significant amounts of specific information about family members, living situations, the home country, and involvement with organizations. Spouses and unmarried children under the age of 21 may be included on the application. There is no fee required to file this form.
What Happens If a Request Is Denied?
Those who request asylum should be aware that if the request is denied, they could become subject to removal proceedings. Accordingly, it is vital to ensure that the form is completed accurately, and that the applicant presents the best available evidence in written documents as well as in any interviews or court hearings. Assistance from an asylum lawyer in Bolingbrook can prove quite valuable in making the best showing of eligibility.
Affirmative Versus Defensive Asylum
Asylum applications are handled differently depending on the approach taken. If people request asylum on their own initiative by filing an application with U.S. Citizenship and Immigration Services (USCIS), the government refers to the application process as affirmative. Applicants must usually file an application within one year of their arrival in the U.S. to be eligible to seek asylum through the affirmative process. However, a Bolingbroke asylum lawyer could work to show how a change in circumstances allows an application after the one-year deadline.
Additionally, those seeking asylum through the affirmative process are usually not detained and are allowed to remain in the U.S. while the application is pending.
By contrast, those seeking asylum through the defensive process need to make their cases for eligibility in court before an immigration judge in an adversarial environment. The defensive process is used when the government has initiated removal proceedings against someone, and that person is using asylum as a means of relief from deportation.
Determining Eligibility for Asylum
To be granted asylum in the U.S., people must show that they have suffered or reasonably expect to suffer persecution on the basis of certain protected characteristics. These factors include:
- Political opinion
- Membership in a particular social group
An asylum officer would review the information provided to determine whether the applicant meets the qualifications as a refugee. In addition, the officer would look to see if any circumstances bar the grant of asylum status, such as a convicted for a serious crime.
Consult a Bolingbrook Asylum Attorney
Receiving asylum status could provide numerous opportunities for you and your family. However, a denial of asylum could lead to deportation. Accordingly, it is wise to make every effort to demonstrate why you should be granted asylum.
An experienced Bolingbrook asylum lawyer could guide you through the affirmative application process or defend your rights and interests in removal proceedings. When you seek to qualify for asylum, it is vital to ensure that the government is aware of the details of your situation. An experienced legal advocate who understands the process can help ensure that your communications are accurate and complete to help you reach your goals. For an initial consultation to learn more, call now.