Asylum in the U.S.

Charlotte Immigration Attorneys

Applications for asylum are either affirmative or defensive. An affirmative application is filed with USCIS before the alien is in removal proceedings. A defensive asylum application is one which is filed with the immigration court during removal proceedings. If you are granted asylum, other family members may be eligible for asylum status as derivative beneficiaries, even if they did not experience the persecution. After holding asylum status for one year, the alien is eligible to apply for a green card.

To qualify for asylum, you must be able to prove that you suffered persecution or have a fear of future persecution if you are returned to your country of origin. Additionally, your country's government must have inflicted the injury upon you, or alternatively, failed to prevent the persecution. The reason for the persecution must be primarily because of your race, religion, nationality, political opinion, or membership in a particular social group. Except under rare circumstances, you must apply for asylum within one year of arriving in the United States.

The case law for asylum, especially those based on membership in a particular social group, is constantly evolving. A strong asylum application usually requires documentation of your confinement or injuries, affidavits from witnesses or others aware of your adverse treatment, medical documentation, Human Rights Reports from your country, and a well-written legal brief outlining the law as it applies to your case.

Contact the Charlotte Immigration Attorney at the firm today if you would like to discuss your eligibility for asylum in the United States.