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.