Asylum Lawyers Boulder

People from all over the world long to come to the United States for better opportunities. Others wish to come and join their close relatives who already live in the U.S. Yet others wish to simply seek refuge from persecution at their homes for various reasons, including political beliefs or associations. At Joseph & Hall, we help clients in the Denver Metro area who seek asylum.

Applying for Asylum in the United States

You can apply for asylum either affirmatively or as a defense to removal (deportation). 

To affirmatively apply for asylum means you submit your application for asylum either at the point of entry in the United States or within 1 year of entering the United States. 

In some cases, you may still be able to affirmatively apply for asylum if more than one year has passed since you last entered the United States. This might be true if you can show that there were changed circumstances in your country that impacted your decision to apply and that you applied within a reasonable time since the circumstances changed.

One of the benefits of affirmatively applying for asylum is that your application will be reviewed by a trained asylum officer at the United States Citizenship and Immigration Services (USCIS). This officer has the first crack at evaluating and deciding on your application. If the officer denies your application, then you will still have another opportunity to make your case because your application will be referred to an Immigration Judge (IJ), who must consider the application afresh. You will also have the opportunity to present new or additional information to back up your application.

Defensive Asylum Application

If you do not file your asylum application within one year and you are placed in removal (deportation) proceedings, submitting your application at this stage is what is referred to as a defensive asylum application. In other words, when you are applying for asylum after you have been placed in removal proceedings, you are doing so as part of your defense against deportation.

However, whether you are affirmatively applying for asylum or seeking defensive asylum, you will need to prove that you are a refugee or you have been a victim of persecution or fear persecution if forced to return to your native country because of any or combination of the following reasons:

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

Bars to Asylum Application

Keep in mind your asylum application can be denied on grounds you are barred from applying for asylum if you:

• Filed your application after the one-year time limit to apply within entry into the United States
• You previously submitted an asylum application which was denied by USCIS, by an immigration judge, or by the Board of Immigration Appeals
• There is a third country to which you can be safely deported between which there is an agreement with the United States to receive such deportees.

Consult with Asylum Lawyers in Boulder

If you fear persecution in your native country and wish to apply for asylum in the United States, contact Joseph & Hall today to schedule a consultation. We are ready to help clients in the Boulder area.