How to Gain Asylum in the US

Are you being persecuted in your home country or have enough evidence to believe that you will undergo persecution if you return to your country? If yes, then seeking asylum or refugee protection in the US applies to you. And you should find an immigration lawyer in the US that will represent you and help you with your application.

People come to the U.S.A. seeking asylum or refuge from fear of persecution or having persecuted due to their:

• Race
• Religion
• Political opinion
• Nationality
• Membership in a particular social group

For whatever reason discussed above, when found to be eligible for asylum, you may be allowed to stay in the US.

Are you eligible for Asylum in the US?

To be eligible for asylum in the US, you must provide evidence that you are a refugee as defined by US immigration law by showing that you have undergone persecution in the past or possible persecution in the future if you return to your country. And that you are being persecuted because of your:

• 1. Race
  2. Religion
  3. Political opinion
  4. Nationality
  5. Membership in a particular social group

In some circumstances, you will be allowed to seek asylum even if you have been present in the US for more than one year or past the one-year deadline for application if you can prove that certain circumstances prevented you in doing so.

An immigration lawyer can help explain how this immigration application works and if you are eligible.

What is the difference between Affirmative Asylum and Defensive Asylum?

There are two paths for you to apply for asylum in the US. Either through an affirmative or defensive application.

What is an affirmative asylum?

The affirmative asylum process is for individuals who are not in removal proceedings. It means that affirmative asylum seekers are yet to undergo deportation from the country.

What is a defensive asylum?

The defensive asylum process is for individuals who are in removal proceedings. It means that defensive asylum seekers will have to defend themselves from deportation in immigration court.

What is the process for gaining asylum in the US?

1. Apply for asylum at any port of entry (land border crossing, airport, seaport)
2. Submit an application for asylum to US Citizenship and Immigration Service (USCIS) or Executive Office of Immigration Review (EOIR) within one year of your arrival in the US
3. Provide evidence or a declaration that makes you eligible for asylum in the US
4. Appeal before a judge and get approved for asylum

Why you should hire an immigration lawyer in the US

An immigration lawyer can discuss with you the conditions of applying for asylum, whether you are eligible, help you prepare and fill out your application, and represent you in court. Here’s what to expect:

1. You will be asked questions if you’re eligible for asylum
2. They will review your information and see if you meet their guidelines
3. They will schedule an appointment to review and talk about your case