What is Asylum?

Asylum is a form of protection for individuals who have been persecuted or fear persecution on account of their (1) race, (2) religion, (3) nationality, (4) membership in a particular social group, or (5) political opinion. It is a humanitarian protection that allows individuals to rebuild their lives in safety and dignity.

How to Obtain Asylum?

Obtaining asylum in the United States is a complex process that requires the guidance of an experienced immigration attorney. The first step in seeking asylum is to submit an application within one year of arriving in the United States. This application must be submitted on Form I-589, Application for Asylum and for Withholding of Removal.

There are two types of asylum in the United States: affirmative and defensive. 

• Affirmative asylum is when an individual applies for asylum while they are not in removal proceedings. 

• Defensive asylum is when an individual applies for asylum as a defense against removal from the United States. 

The main difference between the two is that affirmative asylum is sought proactively, while defensive asylum is sought in the context of deportation proceedings.

In order to be granted asylum, an individual must demonstrate that they have been persecuted or have a well-founded fear of persecution in their home country. They must also show that this persecution is on account of one of the five protected grounds: (1) race, (2) religion, (3) nationality, (4) membership in a particular social group, or (5) political opinion.

Do you need an attorney?

The asylum process can be lengthy and complex, and it is important to have an attorney by your side to guide you through the process and to ensure that your application is properly prepared and submitted.

It is also important to note that the asylum process has changed dramatically in recent years, with stricter rules and more hurdles, so it's important to work with an experienced attorney who can help you navigate the process.

If you or someone you know is seeking asylum in the United States, it is critical to seek legal representation as soon as possible. Please contact our office. An experienced immigration attorney can help ensure that your application is properly prepared and submitted, and can provide guidance and support throughout the process.