Asylum is a legal status often sought by those individuals who want to be protected in the United States. Applicants who want asylum must demonstrate that they have suffered persecution or have a substantiated fear of being persecuted in the future due to their nationality, political opinion, religion, or race.
An immigration attorney can help you with every question you have regarding asylum in the United States. The lawyers at CoxEsq, P.C. have years of experience assisting clients with their immigration cases.
Seeking asylum can be confusing to those who have just arrived in the United States. It is possible that your request for asylum may be denied. Therefore, it is recommended that you seek out the advice of a knowledgeable immigration attorney.
The Benefits of Obtaining Asylum
Asylum is a diverse topic and it is beneficial if you have an immigration help you understand the various benefits of obtaining asylum. Individuals how are granted asylum can reside in the United States, obtain a work authorization and a green card. The ultimate goal for those who obtain asylum is to gain U.S. citizenship.
Sometimes it is better to apply for a visa rather than petition the United States government for asylum. The particular facts and circumstances of your case will determine which course of action will be most beneficial to you and your family members. The individuals who meet specific conditions may qualify for asylum in the United States.
Asylum and Persecution
Persecution does not have to be physical, but it does have to constitute targeted mistreatment. A diverse range of actions may be defined as persecution. However, persecution is more severe than harassment. The following are some of the most common forms of persecution:
- Being denied a passport and not having access to education
- The deprivation of housing, employment or food as well as the confiscation of personal property
- Being surveilled or forced to participate in acts that are adverse to an individual’s beliefs or ethics.
- Being unlawfully detained and being deprived of due process
- Being threatened with physical harm
- Genocide and other human rights violations
- Prolonged unlawful detention or torture
- Being the victim of sexual abuse, rape, or sexual assault
Other types of behavior may also constitute persecution. However, the persecution in question must be coming from the government or a group that the government fails to protect you and your family members from.
Filing for Asylum in the United States
Applicants may file for asylum by completing the USCIS form I-589 if they are present in the United States. Some immigration attorneys refer to this as affirmative asylum. If you are in the United States you have to apply for asylum within a single year of your arrival in the United States.
If an individual is outside of the United States and does not possess a valid visa then they may seek asylum at any port of entry. This is generally known as defensive asylum and is more complicated than affirmative asylum.