Immigration can happen when someone experiences hostility in their origin country, and would like to seek asylum in the United States. They may be planning to enter the ports of the U.S.or already in the U.S. These individuals are protected in a way that they can stay in the United States and will not be deported to their country of origin.
This article discusses the different types of asylum, and how an immigrant can avail of such protection with the help of immigration Attorneys and visa attorneys.
Affirmative Asylum
The asylum application should be within a year since the immigrant arrived in the United States unless it will be voided. Form I-589 or the Application for Asylum and for Withholding of Removal must be filled out by the applicant. Other things that will deter the individual from availing of the service are:
- Applicants who filed for asylum and were denied by an immigration judge or by the Board of Immigration Appeals
- There is a two-party agreement or multi-party agreement of the United States which will possibly remove the person from another safe country.
This will be followed by the USCIS receiving the application wherein the applicant will receive a confirmation and will have their fingerprints captured when they go to the application support center. Once done, an Interview Notice will be sent to the applicant along with its time and venue. The applicant can reschedule the interview within the day or within 45 days, and this is known as the Good Cause. However, the applicant must be careful in rescheduling multiple times or they will have a negative reputation.
When the Good Cause is not followed, the interview will proceed as it is unless the applicant experienced extreme battery or cruelty, serious illness, or death of a spouse/children/parent. Other reasons for scheduling will be screened by the Asylum Officer. Failure to show up in the interview will result in employment authorization, and the requirements under it should be satisfied within the scheduled date.
If the application is closed and for removal proceedings by the ICE, the applicant can file for dismissal for the removal proceedings. It is suggested to get an immigration attorney so that the applicant can be properly walked through the process. Two weeks after the interview, the applicant can get the decision regarding the application.
Defensive Asylum
Defensive Asylum can be availed by those applicants who are for removal proceedings in the Executive Office for Immigration Review under the Department of Justice. As previously suggested, an immigration attorney can properly walk them through the process, and can help them prevent from failing the Defensive Asylum, especially those who were previously arrested under certain clauses or those who are under the “credible fear process.”
Immigration applicants who are under the Credible Fear Process were those arrested in the borders of the United States for illegally trying to get in. However, they were proven by an Asylum Officer to be in legitimate threat of persecution in their country of origin.
All of the processes done for Defensive Asylum will be handled by an immigration judge in the immigration court. This will be presented by the applicant, their representative lawyer under the suggestion of ICE, and their immigration attorney if they have one. If the applicant is found to be ineligible, they will be removed from the U.S.
Summary
Any immigrant who is in danger of persecution in their origin country or those who already fled in the ports of the United States is suggested to consult an Immigration Attorney and/or Visa Attorney. Lincoln-Goldfinch Law - Abogados de Inmigración which offers legal consultation regarding immigration and asylum. Visit their home-page to find more information
A new life may be awaiting for any immigrants in the United States where they can also feel safe and live their lives to the fullest.
More info
Lincoln-Goldfinch Law - Abogados de Inmigración in IGotBiz
Lincoln-Goldfinch Law - Abogados de Inmigración
1005 E 40th St Austin, TX 78751
(855) 502-0555
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