Asylum Lawyer Boulder

Asylum is an important part of U.S. immigration law that provides protection for people who may face harm in their home country. It opens the doors of the U.S. and grants applicants the right to remain here in the hopes of eventually receiving a green card and citizenship. First, they must qualify for asylum, and it is important to have the help of an asylum lawyer in Boulder.

How You Would Apply for Asylum

There are two primary ways that someone would apply for asylum:

• Affirmative Asylum – This is when you file an application with the USCIS and proceed through the regular process.
• Defensive Asylum – You could also assert asylum as a defense when USCIS has already initiated removal proceedings. This would keep a judge from deporting you from the country.

When you are applying for asylum, there are several requirements. First, you can apply for asylum upon arrival at any port-of-entry, including a border crossing, airport, or seaport. You could also submit an application with the USCIS or the Executive Office for Immigration Review if you are in removal proceedings. 

How to Qualify for Asylum

There are several things that you must show to qualify for asylum:

• The primary thing that you need to prove is that you are a refugee. This means that you have a “well-founded fear of persecution” if you return to your home country. 
• This fear must come from persecution based on your religion, race, nationality, political opinion, or membership in a particular social group.

Many cases that we handle are defensive asylum applications. Even if you have committed a crime or have done something else that would warrant deportation, you can stop deportation by proving that you are a refugee. Defensive asylum is not available for certain very serious crimes, but you can seek withholding of removal. If you are not allowed to apply for asylum or withholding of removal based on criminal record, your last resort is to stop removal due to the protections of the United Nations Convention Against Torture.

The Asylum Process Is Critical

When you are dealing with asylum applications, your life can literally be on the line. This is the whole reason why asylum protections exist. Approval of your request is far from guaranteed. Instead, USCIS has been denying asylum applications at higher rates in recent years. You need a lawyer who can help you make the argument of why you would face persecution in your home country. This should be a specific and concrete case that persuades immigration officials. 

In some cases, the asylum officer actually has the final say on your application, and you cannot appeal. This is why you should have an attorney help you from the beginning of the process. You might not get a second chance to argue your case. When you do have a chance to make your argument in immigration court, the stakes could not be higher. 

Contact an Asylum Lawyer in Boulder for Help

The immigration attorneys at Joseph & Hall, P.C., have a track record of successfully helping asylum and applicants and others who are dealing with the immigration process. Contact us to schedule a consultation where you can learn how we may help you.