ASYLUM
If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum in the United States. Asylum provides protection from deportation and a pathway to a work permit and green card. LGBTQ+ individuals, victims of political oppression, and those facing severe threats may be eligible. If you need help with your asylum case, contact us for confidential assistanceand legal guidance.
Affirmative Asylum
Affirmative asylum is a process for individuals who are not in removal (deportation) proceedings and want to seek protection in the U.S. due to fear of persecution in their home country. This process is handled by U.S. Citizenship and Immigration Services (USCIS) and allows applicants to apply for asylum voluntarily.
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Who Can Apply for Affirmative Asylum?
To qualify, an applicant must:
- Be physically present in the U.S.
- Apply within one year of arrival (unless exceptions apply).
- Prove a well-founded fear of persecution in their home country due to:
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Race
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Religion
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Nationality
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Political opinion
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Membership in a particular social group (e.g., LGBTQ+, survivors of gender-based violence).
Defensive Asylum
Defensive asylum is a process used by individuals who are in removal (deportation) proceedings and seek asylum as a defense against being deported from the United States. This process is handled by the Executive Office for Immigration Review (EOIR) and takes place in Immigration Court, where an immigration judge decides the case.
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Who Can Apply for Defensive Asylum?
You may apply for defensive asylum if:
- You are already in removal proceedings before an immigration judge.
- You are seeking protection due to a well-founded fear of persecution based on:
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Race
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Religion
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Nationality
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Political opinion
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Membership in a particular social group (e.g., LGBTQ+, gender-based violence survivors).
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Common Situations for Defensive Asylum Cases:
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Referred from a denied affirmative asylum application.
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Caught at the U.S. border and placed into expedited removal proceedings but passed a credible fear interview.
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Entered the U.S. illegally and are placed in removal proceedings.
Witholding of Removal
Withholding of Removal is a form of protection for individuals who fear persecution if deported to their home country. It is similar to asylum but has a higher burden of proof and does not provide a pathway to a green card or citizenship. It is only granted if the applicant can prove that their life or freedom would be more likely than not (over 50% chance) at risk if they were returned to their home country.
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Who Qualifies for Withholding of Removal?
To be eligible, an applicant must:
- Be physically present in the U.S. and facing removal (deportation) proceedings.
- Prove that they would more likely than not face persecution based on:
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Race
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Religion
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Nationality
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Political opinion
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Membership in a particular social group (e.g., LGBTQ+, gender-based violence survivors).
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Not have committed certain serious crimes or pose a security risk.
Protection Under the Convention Against Torture (CAT)
Protection under the Convention Against Torture (CAT) is available to individuals who face a high risk of being tortured if deported to their home country. This protection is based on the United Nations Convention Against Torture, which the U.S. follows to prevent sending individuals to countries where they may suffer extreme harm.
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Who Qualifies for CAT Protection?
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To be eligible, an applicant must prove that:
- They would more likely than not be tortured if returned to their home country.
- The torture would be carried out by the government or with the government’s consent or acquiescence.
- They are in removal proceedings and cannot qualify for asylum or withholding of removal.