Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a “refugee” and is granted to people fleeing their country because they fear they will be harmed based on their race, religion, nationality, political opinion, or membership in a particular social group.
U.S. immigration law requires that asylum-seekers apply for asylum within one year of arrival in the United States, unless they can demonstrate extraordinary circumstances for the delay or changed circumstances that significantly affect their eligibility for asylum.
When you enter the United States, it is possible to file an “affirmative” application for asylum with the U.S. Department of Homeland Security. An officer at a local Asylum Office will conduct an interview and will determine whether you meet the definition of a refugee under INA § 101(a)(42)(A).
A “defensive” application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
Foreign nationals who have been granted asylum may then apply for permanent residence (a green card) after one year. In addition, family members who have obtained derivative asylum may also apply for a green card.
At the Fogle Law Firm, we have provided successful expert representation to many hundreds of asylum seekers for almost three decades. Under the leadership of principal, H. Glenn Fogle, Jr., our team represents asylum seekers from a variety of countries and a multitude of backgrounds: persecution based on political opinion; race, ethnicity and national origin; religious persecution; victims of gangs; and, victims of sexual abuse, among others. Our attorneys take a proactive approach obtaining the necessary information needed for your asylum application and will help document current country conditions and arrange for expert witnesses to offer testimony when necessary and appropriate.