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Find Asylum Lawyer

Asylum Law

A position no one chooses but many are forced into, asylum is the legal process of seeking safety in another country after an individual’s home country becomes unsafe or dangerous to live in. Asylum seekers flee their home countries for a number of reasons including their politics, their race, or their religion. Leaving behind everything they knew, these individuals throw themselves at the mercy of a foreign government in order to secure a safer life.


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Definitions

Andrade Law Firm

9 years in practice
Asylum, Citizenship, Immigration Law, Student Visas
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Tohidi Law Office PLLC

10 years in practice
Asylum, Citizenship, Green Cards, Immigration Law
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Hyder Immigration Law

16 years in practice
Asylum, Immigration Law
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Eastside Immigration

9 years in practice
Asylum, Citizenship, Deportation Defense, Immigration Law
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The Law Office of Sabitiyu Abou

20 years in practice
Asylum, Criminal Defense, Deportation Defense, DUI Law, Immigration Law
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Law Office of Lina Baroudi

11 years in practice
Asylum, Citizenship, Immigration Law, Marriage & Fiancee Visas
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Obtaining Asylum

If an individual is seeking asylum in the U.S., there are several avenues available to obtain asylum status. According to the U.S. Center for Immigration Services (USCIS), asylum can be granted through the affirmative process, a merits interview, or the defensive process.

Affirmative Asylum

Affirmitive asylum begins with the submission of Form I-589, Application for Asylum and for Withholding of Removal, to USCIS. This form is submitted by an individual who is already physically within the borders of the United States and has been for less than a year. Once the form is submitted, a non-adversarial interview is conducted by the USCIS to determine whether refugee status will be granted.

Asylum Merits Interview

An asylum merits interview process is conducted when an individual slated for expedited removal has demonstrated a credible threat of torture or persecution in their home country. In this case, the written record of this credible threat of persecution is treated as the individual’s application for asylum. An interview will then be conducted to further examine the merits of granting asylum status or withholding removal under the Convention Against Torture.

Defensive Asylum

Defensive asylum is declared by an individual who has either lost their affirmative asylum interview, been detained for violating immigration policy, or was issued a notice to appear before an immigration judge. As part of this defensive process, the individual will need to file Form I-589 if they do not have a valid form already in the record. Instead of holding an interview, the defensive asylum seeker will have to argue their case in an adversarial court system overseen by the Executive Office for Immigration Review.

Fighting For Your Right to Stay

If you are an immigrant trying to seek asylum in the United States, you will need the help of an experienced immigration attorney. Using their years of experience, trial tactics, and expertise in U.S. immigration law, your immigration law attorney will be able to represent your case in the best possible way to give you the best chance to stay in the United States.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.

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Asylum Frequently Asked Questions

1. What is asylum?

Asylum is a form of legal protection available to individuals who are found to be at risk of serious harm in their home country who leave in search of safety in another country. Individuals who may require asylum may be facing persecution based on a number of factors including their membership in a particular social group, political opinion, nationality, race, or religion.

2. What is an asylum seeker?

An asylum seeker is any individual seeking to claim asylum status in another country. Just because an individual is an asylum seeker does not mean they will receive asylum or refugee status in the country they are fleeing to. 

3. How to seek asylum in US?

In the United States there are three pathways to seek asylum. First there is affirmative asylum in which the asylum seeker affirmatively submits Form I-589, Application for Asylum and for Withholding of Removal, to the U.S. Center for Immigration Services. There is also the Asylum Merit Interview process which can occur if the asylum seeker can demonstrate a credible fear of persecution or torture in their home country. Finally there is defensive asylum, where asylum is used as a defense against being removed from the United States. 

In all cases of asylum seeking, there will be administrative and security hurdles to clear. During the process, an interpreter may be needed to answer questions or translate for interviews. Additionally, an immigration attorney may be a useful resource for asylum seekers who can get one.

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