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Asylum in US
Seeking Asylum in the United States
People from all over the world seek asylum in the United States because they have been persecuted or fear persecution by their home countries. Persecution can be due to:
- Race;
- Religion;
- Nationality;
- Membership in a particular social group;
- Political opinion.
If you qualify for asylum, you will no longer be at risk of deportation and removal, and can be temporarily authorized to work in the United States. You may apply for an affirmative asylum regardless of the way you came in the United States or of your current immigration status. If you want to apply for asylum, generally, you must file an I-589 Form within one year of your arrival in the United States. If you bring a spouse and child with you, they can be included on the application.
Seeking Asylum if You Are Facing Deportation
If you and your family are already in the United States and have been threatened with deportation, you can seek asylum as a defense against removal from the United States. Placement in removal proceeding can happen for several reasons, including:
- Violating terms of immigration status;
- Referral to an immigration judge by USCIS following a determination of asylum ineligibility at the end of an affirmative asylum process; or
- You and your family tried to enter the United States without proper documentation.
Immigration judges as opposed to asylum officers hear defensive asylum cases. In addition, defense asylum proceedings are adversarial, where the immigration judge hears arguments from both, you (and your attorney) and the US government. Ultimately, you must prove to the immigration judge that you have been persecuted and/or fear future persecution in your home country, if you are removed.
Impacts on Your Eligibility
Although asylum is a possible solution for many people, there are instances where you or your family members may be disqualified from seeking asylum. They include:
- Criminal convictions for serious crimes;
- Discovered security risks to the United States; and
- Evidence that you had moved and settled in a different country than your home country before moving to the United States.
If you believe you might have problems seeking asylum, you must work with a qualified immigration attorney.
Hiring a California Immigration Attorney
You do not need to face deportation charges alone. If you are ready to apply for asylum or face criminal deportation charges, contact The Justice Firm locally at 310-914-2444 or at our Toll-Free number at 866-695-6714 or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.