You are unable to live in your home country anymore. Someone might be threatening your life, or it could just be an uninhabitable place and you don’t see a way out. That’s why you’re thinking of coming to the United States, getting asylum, and hopefully becoming a citizen one day.
There are two different types of asylum you can apply for when coming to the U.S. Learn about each, and then apply for the one that is relevant to you with the help of an experienced immigration lawyer like the ones at The Fogle Law Firm, LLC.
All About Affirmative Asylum
The first type of asylum is affirmative asylum. This is for people who are not in who are not in removal proceedings, which is when the United States government places you in Immigration Court and is seeking to have you deported or removed from the country. If the USCIS asylum officer doesn’t grant the applicant’s asylum after they have filled and been interviewed, they will be referred to removal proceedings before an Immigration Judge.
Affirmative asylum would apply to you if you have been admitted to or entered the U.S. and you’ve been here for less than a year and are not in removal proceedings (where the U.S. government is trying to remove or deport you. You should fill out your application for asylum ASAP.
All About Defensive Asylum
Defensive asylum involves a person who is facing deportation and needs to defensively apply for asylum in Immigration Court. You would need to fill out an application for asylum and file it before an Immigration Judge in Immigration Court, which is part of the Executive Office for Immigration Review.
Defensive asylum would apply to you if you’re in the U.S. and the government has threatened to deport you. You would need to fill out an application for asylum and speak with a lawyer on the best way to go about avoiding deportation or removal.
Applying for Asylum
Note that whether you are in the affirmative asylum or defensive asylum category, you have the right to have a lawyer. However, when it comes to Immigration Court, you will need to hire one; the U.S. government will not provide you with one like they do with criminal cases.
You can apply for asylum by filling out Form I-589, Application for Asylum and for Withholding of Removal. This is important whether you’re in the defense or affirmative asylum process. If you do not complete and file Form I-589 within one year of your arrival to the U.S., you might not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA). You can apply whether you are in the U.S. or you’re at a port of entry to the U.S.
Who Qualifies for Asylum?
You might be able to qualify for asylum if you are facing persecution in your country due to your:
- Membership in a particular social group
- Political opinion
If you are granted asylum, and you want to bring your spouse and children to the U.S. as well, you can fill out Form I-730, Refugee/Asylee Relative Petition. Your children must be under 21 years of age and not married. You will also need to fill out this form within two years of being granted asylum unless there are humanitarian reasons you cannot make the deadline.
Contact The Fogle Law Firm, LLC
Need help applying for asylum? Contact immigration lawyer The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.