Many people face persecution in their home countries, and they are allowed to apply for protection against such persecution under U.S. immigration law. At Joseph & Hall, P.C., we help individuals in the Cheyenne area to obtain information and immigration benefits if they are afraid to return to their native countries for fear of persecution. There are two ways that you might obtain asylum, and these are either through affirmative filing or defensively.
Some people gain asylum through the affirmative asylum process, and this is a possibility for those already physically in the United States. It is not relevant how you got here or whether you entered the country legally, or even whether you are here illegally. If you are in the U.S., you can apply for asylum affirmatively, which means you will submit your application for asylum to the United States Citizenship and Immigration Services (USCIS). Once submitted, an examiner will review the application to determine whether you meet the other requirements to be granted asylum.
One of these other requirements is your asylum application must be filed within one year of when you entered the U.S., unless you can show:
If these two requirements are met, and the USCIS has received your properly completed application, you will receive an appointment letter for your fingerprints to be taken for USCIS to conduct a background check. USCIS will send you an Interview Notice, which plans for you to be interviewed by an Asylum Officer. The Officer can ask questions about your asylum application to determine whether you meet all other requirements necessary to obtain approval of your application.
The Asylum Officer will then either approve your application, or they will refer the application to an Immigration Judge who will review your application afresh to determine whether your application should be granted or denied.
If you did not seek asylum the very first time you arrived in the United States or within a year of entry into the country, and you are arrested or placed in removal (deportation) proceedings, you can apply for asylum as a defense against your deportation. Removal or deportation proceedings are the process where the government must demonstrate to an immigration judge that deportation is justified in your case. You, too, will have an opportunity to make your case why you should not be deported. Applying for asylum under these circumstances is what is referred to as “defensive” asylum application because you will be applying for asylum outside of the regular asylum process but also as a defense against your deportation.
If you are in the Cheyenne area and seek asylum, contact our office today to make an appointment. We assist clients in finding protection through asylum.
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