Genesis Law Firm assists individuals applying for United States asylum. Undocumented immigrants in the United States who were persecuted in their home countries may be eligible for asylum. The process of applying for asylum is complicated, but our experienced immigration attorneys have developed strategies to streamline the process.
Asylum may be granted by means of two different methods: (1) the “Affirmative Asylum” process, and (2) the “Defensive Asylum” process.
Physical presence in the United States is a necessary condition of applying for affirmative asylum. It does not matter how you arrived in the United States; it only matters that you are here. Moreover, in order to meet the basic eligibility requirement for asylum, you must have applied for asylum within one year of your arrival in the United States. There are very limited exceptions to this requirement, which include “extraordinary circumstances,” and that your filing was within a reasonable amount of time of those extraordinary circumstances.
Form I-589 must be submitted to the United States Citizenship and Immigration Services (“USCIS”) in order for you to be considered for asylum. If this initial application is not approved, you will be directed to appear before an Immigration Judge, who will hear your case anew. If your initial asylum application is approved, you will become eligible for Adjustment of Status and Work Authorization, among other immigration benefits.
Defensive asylum, in contrast to affirmative asylum, occurs when an individual requests asylum as a form of relief when in removal proceedings. There are various ways that an individual may be placed in removal proceedings. For example, when an individual accrues “unlawful presence” in the United States and is apprehended by Immigration Customs and Enforcement, that individual will likely receive a “Notice to Appear” in immigration court, thereby placing that individual in removal proceedings. In defensive asylum hearings, an immigration judge is present, and the judge will hear arguments from the asylee’s attorney as well as the U.S. government attorney. The judge will then weigh the merits of the asylee’s request for asylum.
In 2012, only 44.5% of asylum petitions were rejected. By contrast, ten years ago 62.6% of asylum petitions were rejected. This higher acceptance rate is an unprecedented victory for individuals who were persecuted in their home countries and who sought relief in the U.S.
The immigration attorneys at Genesis Law Firm are committed to providing top-rate legal representation for asylum petitioners. Contact us to speak with a knowledgeable and experienced asylum attorney who can help determine if you qualify for this form of relief. Genesis Law Firm offers more affordable rates, and free Mandarin Chinese interpretation is available upon request.