Boston Asylum Lawyers

Providing Guidance to Clients Seeking Protection in the United States

Seeking asylum in the United States is an option sought by many foreign citizens who are the target of persecution in their home countries. The U.S. Department of Homeland Security reports that as many as 17,692 foreign immigrants received asylum in the United States throughout the 2021 fiscal year. During this period, the countries with the highest number of asylum seekers were El Salvador, China, and Venezuela. If you are considering applying for asylum in the United States, it is important to know the steps you should take and why working with an asylum attorney may be the right choice for you.

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What Is Asylum?

Asylum is a way for an immigrant to receive protection in the United States and be allowed to live and work in the country legally. An asylum seeker is usually someone who has escaped dangerous or violent conditions in their home country and has a well-founded fear of persecution, bodily harm, or even death if they return to their country. Asylum seekers are typically being persecuted due to their race, political opinion, religion, or membership in a certain social group.

If an asylum seeker’s application is approved, they may reside in the United States without fear of persecution or deportation. In addition, the asylee may also request follow-to-join asylum benefits for their family (namely their spouse and unmarried children under 21).

Who Can Apply for Asylum in the United States?

In order to apply for asylum, the applicant must already be present in the United States or arrive at a U.S. port of entry. While many immigrants arriving at a port of entry typically request asylum immediately, those who are already present in the United States are usually required to file an asylum application within one year of their latest arrival in the country.

The process begins with the applicant filing form I-589, Application for Asylum and for
Withholding of Removal. Then, the applicant may be called to a USCIS office for fingerprinting, and an asylum interview will be scheduled. The applicant may bring their spouse and children (if they are applying for asylum as well) and may also be accompanied by their attorney. After the interview, the USCIS usually takes at least two weeks to make a decision, but in some cases, it may take longer.

Should I Apply for Affirmative or Defensive Asylum?

The application process described above is for affirmative asylum applicants. The other possible path for someone to be granted asylum in the United States is defensive asylum. It is important to determine which process is right for you, as the steps may vary, and the help of an immigration attorney may be necessary.

Defensive Asylum Applicant

A defensive asylum applicant is physically present in the United States, is undergoing removal proceedings (being deported), and may or may not have been arrested and placed under the custody of the Department of Homeland Security. A defensive asylum application is handled in immigration court and decided by a judge and requires legal representation from a skilled immigration attorney. The attorney would essentially be asking the court to allow the foreign citizen to remain in the country as an asylee.

Affirmative Asylum Applicant

In contrast, an affirmative asylum applicant is not under the custody of DHS and is not in the process of being deported. Affirmative asylum applications are filed by the applicant themselves and handled by the USCIS and not by an immigration court. Even then, it may be beneficial to have the help of an experienced asylum attorney to improve your chances of being accepted.

Advantages of Seeking Asylum in the United States

At Paul Toland Law, we understand the critical importance of seeking asylum for those facing persecution. Asylum offers protection and security for individuals fleeing dangerous conditions, providing a path to a safer, more stable life in the United States. Pursuing asylum allows you to:

Gain Legal Protection: Asylum safeguards you from being forced to return to a country where you may face harm due to your race, religion, nationality, political opinion, or social group.
Establish a New Life: Successful asylum applicants have the opportunity to live and work legally in the United States, securing the means to support themselves and their families.
Apply for Family Reunification: As an asylee, you may be able to bring your immediate family members to join you, allowing loved ones to share in the safety and opportunities that asylum provides.
Build Toward Permanent Residency: After being granted asylum, you may apply for lawful permanent residency (a green card), which puts you on a path toward U.S. citizenship.

With the support of an experienced asylum lawyer, you can navigate this complex area of immigration law and build a strong case for your future.

How Can an Asylum Attorney Help?

If you are at risk of persecution in your home country and wish to apply for asylum in the United States, consulting with an asylum lawyer should be your first step. An attorney can help you verify your eligibility, provide you with guidance throughout the application process, prepare you for the interview, and take all necessary steps to maximize your chances of success. At Toland Law, LLC, our asylum attorneys have represented countless clients in asylum proceedings.