Denver Asylum Lawyers

Every year, thousands of people coming to the United States border or already in the United States apply for asylum. Those seeking asylum must navigate a difficult, complicated, and lengthy process involving several government agencies. Individuals approved for asylum can apply to live in the U.S. permanently. They also gain a route to citizenship and have the option to apply for their spouse and children to join them here. If you are seeking asylum, it’s crucial that you understand how the asylum system in the U.S. works, including what asylum is, its eligibility requirements, and the application process. 

The Denver asylum lawyers at Joseph & Hall P.C. are available to help you learn more about and seek asylum.

What is Asylum?

Asylum is a type of protection afforded to individuals who fear harm or persecution. It allows them to stay in the U.S. and not be deported back to another country. Under U.S. laws, people who leave their country due to fear of persecution can apply for asylum here. If they are granted asylum, they have protection and the legal right to remain here. Asylees refer to those given asylum.

To qualify for asylum in the United States, you have to prove that you are a refugee who is unwilling or to return to your country of nationality due to a fear of persecution or actual persecution or because of at least one of the following:

• Race
• Nationality
• Religion
• Membership in a particular social group or
• Political opinion or a political opinion someone thinks you have

Unfortunately, economic hardships are not valid reasons to file for asylum in the U.S.

It’s also important to note that some factors can bar people from applying for or receiving asylum. With few exceptions, those who fail to apply for asylum within one year of coming to the U.S. will be barred from receiving asylum. Additionally, asylum applicants who are a potential danger to the country are barred from receiving asylum.

The Asylum Application Process

There are typically two ways to apply for asylum in the United States: the affirmative or the defensive process.

• Affirmative Asylum: Someone who isn’t involved in removal proceedings can affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS). Suppose the USCIS asylum officer doesn’t grant the asylum application and the applicant doesn’t have lawful immigration status. In that case, they are referred to the immigration court, where removal proceedings will begin. Here, the applicant may renew the request for asylum through the defensive process before a judge.
• Defensive Asylum: Someone who is involved in removal proceedings has the option to apply for asylum defensively. They need to file their application with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice. In these cases, an asylum application is used as a possible defense against removal from the U.S. Keep in mind that, unlike the criminal justice courts, EOIR doesn’t give appointed legal counsel for those in immigration court, even if they can’t hire a lawyer on their own.

When you work with Denver asylum attorneys, they can help you navigate the often tricky path to this much-needed protection.

Get Help from Experienced Denver Asylum Lawyers Today

Seeking asylum within the United States is an option for many. However, it’s laden with rules, guidelines, and hurdles that must be cleared. Those who retain legal counsel usually end up having the best chance of being granted asylum. When you hire our Denver asylum attorneys, we go to work fighting for your rights and to protect you from the persecution that brought you here in the first place. Contact Joseph & Hall P.C. today to schedule your confidential consultation.