Winning Your Asylum Case

If you are in the United Stat either legally or illegally and the return to your country will result in a serious threat to your life or freedom, you can apply for asylum in theUnited States. The Immigration and Nationality has provisions for granting of asylum. Consult with an experienced US immigration attorney. The attorney can review your case and advise you on your eligibility.

If you are seeking asylum, you must demonstrate a well founded fear that if you return to you home country, you will be persecuted based on any of the following factors:

• Religion
• Political      opinion
• Race
• Nationality
• Political      opinion
• Membership      of a particular social group

If you are already in theUS, you should apply for asylum with the USCIS. If you are in a removal or deportation proceeding, you can apply before an immigration judge. You can also apply for asylum when you enter theUSat your port of entry.

There are two types of asylum applications – affirmative and defensive. Consult with an experiencedUSimmigration attorney to know the type that is best suited to your circumstances. You will have to demonstrate that you are eligible for asylum under theUSimmigration laws.

You can file an affirmative asylum application if you are in theUSand are not subject to any removal or deportation proceedings. You must apply for asylum on Form I-859. The application must be submitted to the USCIS. The USCIS will call you for a non-adversarial hearing. You will be interviewed by a USCIS officer. The officer will review your application and either approve your application or refer your application to an asylum judge. If you are granted asylum, you will be subject to identification and background checks. If you clear these checks, you will be granted asylum. The USCIS will take a decision based on your application form and the information you provide him or her during the interview. It is therefore important that you hire the services of an experiencedUSimmigration attorney if you are applying for asylum. The attorney can file the application and provide you with invaluable advice on the questions to expect during the interview.

If the USCIS officer refers your application to an immigration judge, then your application will have to go through a formal hearing process. Based on the hearing and the evidence you provide in support of your application, the immigration judge will either allow your application or reject it. During the hearing process, you will not be subject to detention. Immigration hearings involve interpretation of complex laws. You will require the services of an experiencedUSimmigration attorney. The attorney can interpret the complex laws and convince the judge about the genuineness of the threat to your life or freedom if you are made to return to your home country.

If you are in a removal or deportation proceedings, you can file a defensive application. In a defensive application, you generally claim asylum as a defense to your removal or deportation. Your application will be heard by the immigration judge. An experienced US immigration attorney can help you with your asylum application if you are in a removal or deportation proceeding.