Rockville Asylum Attorneys
Experienced Immigration Lawyers Helping Clients Apply for Asylum in Rockville, MD
For many immigrants, the fear of deportation is very real, and some may believe that returning to their home country would put them at risk of harm due to persecution. Asylum can offer a lifeline to people in these situations, and it can ensure that immigrants and their families can remain in the United States legally and securely. Understanding the requirements for applying for asylum can be difficult, but with the help of an attorney who has experience in matters related to immigration law, immigrants can take steps to receive the protection they need. At Salvado Law Offices, our lawyers provide legal help with deportation cases and other immigration matters, and we can help ensure that immigrants take the correct steps to protect their safety and build new lives in the United States.
Understanding Asylum
Immigrants who have suffered persecution or have a well-founded fear of persecution in their home countries may be allowed to remain in the United States. Asylum can provide immigrants with a lawful status in the U.S., allowing them to live and work in the country and eventually apply for permanent residency and citizenship.
The benefits of being granted asylum include:
- Legal authorization to remain in the United States.
- Eligibility to apply for work authorization.
- The ability to petition for certain family members to join the asylee in the U.S.
- Access to certain government assistance programs.
- A pathway to apply for lawful permanent residency (Green Card) after one year.
To qualify for asylum, an immigrant must demonstrate that they have suffered persecution in the past or have a reasonable fear of future persecution. Persecution can include threats to life, confinement, torture, or severe discrimination and harassment. The persecution must be based on one or more protected grounds, which include race/ethnicity, membership in a religion or participation in certain religious practices, nationality or ethnic origin, membership in a certain social group, or political beliefs or activities.
Generally, immigrants must apply for asylum within one year of arriving in the United States. There are exceptions to this rule if the applicant can demonstrate changed circumstances that affect their eligibility for asylum or extraordinary circumstances that caused the delay in filing. Certain factors can disqualify an applicant from receiving asylum, including:
- Participation in the persecution of others.
- Commission of a serious non-political crime outside the U.S.
- Posing a danger to the security of the United States.
- Having been firmly resettled in another country before arriving in the U.S.
Affirmative Asylum vs. Defensive Asylum
There are two primary processes for seeking asylum in the United States. The process an applicant may follow will depend on their current immigration status and whether they are facing removal proceedings. Affirmative asylum is for immigrants who are not currently involved in removal proceedings. An immigrant will file Form I-589 to apply for asylum, and they will be interviewed by an asylum officer to determine whether they have a credible fear of persecution. If the asylum officer approves the application, asylum will be granted. If the application is denied, the immigrant may be referred to immigration court for removal proceedings, and they may then be able to request defensive asylum.
Defensive asylum is for immigrants who are already in removal proceedings before an immigration judge. During these proceedings, an immigrant may apply for asylum by submitting Form I-589 to the immigration court.The immigration judge will conduct a hearing where the immigrant can present their case for asylum, which may include testimony and supporting evidence. If the judge grants asylum, the applicant is allowed to remain in the U.S. If asylum is denied, the applicant may appeal the decision to the Board of Immigration Appeals (BIA).
Contact Our Rockville, MD Asylum Attorneys
For immigrants who are concerned about persecution if they are deported, it is crucial to work with a knowledgeable and experienced attorney who can help them apply for asylum. The lawyers at Salvado Law Offices can provide guidance in these situations, ensuring that immigrants will meet the requirements to qualify for asylum. We can assist with applications for affirmative asylum or provide representation in defensive asylum cases and other matters addressed in immigration courts. To get the legal help needed to defend against deportation, contact us online or call 301-933-1814 to schedule a consultation. We work with clients to address immigration issues in the areas surrounding Rockville, MD and Falls Church, VA.