Asylum

There are 3 ways of obtaining asylum in the United States:

The affirmative process;
An Asylum Merits Interview after a positive credible fear determination; or
The defensive process.

Family Petitions

Asylum is a benefit that helps foreign nationals that were persecuted or tortured in another country and seek protection from the US. There are strict deadlines and requirements to qualify for asylum. We can help you navigate through this difficult process.

Disclaimer

The information contained herein is for general informational purposes only and should not be construed as legal advice. You should consult with your immigration attorney for an in depth evaluation of your case.

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Family Petitions

Family petitions, include a variety of family members. Some are considered “Immediate Relatives” whereas others are considered relatives that fall under the “Preference Categories.”

Citizenship

There are different ways of becoming a citizen of the United States.

U-Visa | VAWA

The law protects certain victims of crimes. If qualified, victims can apply for status in the U.S., which can ultimately lead to permanent residency in the U.S.

DACA

As of today, USCIS is still accepting applications to renew DACA. USCIS is not accepting applications for initial DACAs.

Asylum

Immigration Court Defense

For immigrants one of the most frightening is being arrested by ICE and placed into Deportation Proceedings. We can handle all aspects of immigration defense. Read more about issues in immigration court.

Asylum Merits Interview with USCIS After a Positive Credible Fear Determination

If you are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to your country, you will be referred to USCIS for a credible fear screening.

A USCIS asylum officer will conduct a credible fear screening interview to determine whether you have a credible fear of persecution or torture.

If an asylum officer finds that you have a credible fear of persecution or torture, USCIS may either:

Retain and consider your application for asylum and also consider your eligibility for withholding of removal and protection under the Convention Against Torture (CAT) in a second interview. This is known as an Asylum Merits Interview. An asylum officer will decide whether you are eligible for asylum. If necessary, an asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS; or
Issue a Notice to Appear before an immigration judge for consideration of your asylum, withholding of removal, and CAT protection claims. When you file the Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court, it places you in the “defensive” asylum process.

Affirmative Asylum Processing with USCIS

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status.

You must apply for asylum within 1 year of the date of your last arrival in the United States, unless you can show:

Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and
You filed within a reasonable amount of time given those circumstances.

If your case is not approved and you do not have a legal immigration status, we will issue a Form I-862, Notice to Appear (NTA), and refer your case to an immigration judge with the Department of Justice's Executive Office for Immigration Review (EOIR). The immigration judge conducts a “de novo” hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing. See the section “Defensive Asylum Processing With EOIR” below if this situation applies to you.

If you were previously issued an NTA that was not filed and docketed with the EOIR immigration court, or your previously issued NTA was filed and docketed with EOIR either shortly before (within 21 days) or after you filed your Form I-589 with USCIS, USCIS will refile your NTA (if necessary) and send your Form I-589 to the immigration court for adjudication.

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Defensive Asylum Processing with EOIR

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

Individuals are generally placed into defensive asylum processing in one of two ways:

They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or
They are placed in removal proceedings because they:
- Were apprehended in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status; or
- Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer.

Immigration judges hear defensive asylum cases in adversarial (courtroom-like) proceedings, as necessary. The judge will hear arguments from both of the following parties:

You (and your attorney, if represented)
The U.S. government, which is represented by an attorney from U.S. Immigration and Customs Enforcement (ICE)

The immigration judge then decides whether you are eligible for asylum. If the immigration judge finds you eligible, they will grant asylum. If the immigration judge finds you ineligible for asylum, they will determine whether you are eligible for any other forms of relief from removal. If the immigration judge finds you ineligible for other forms of relief, they will order you to be removed from the United States. Either party can appeal the immigration judge’s decision.