Elizee Law Firm is a full service immigration law firm. We can guide you through the process of obtaining asylum in the United States.
The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.
Affirmative Asylum Processing With USCIS
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.
You must apply for asylum within one year of the date of their last arrival in the United States, unless you can show:
Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing
You filed within a reasonable amount of time given those circumstances.
You may live in the United States while your application is pending before USCIS. If you are found ineligible, you can remain in the United States while your application is pending with the Immigration Judge. Most asylum applicants are not authorized to work.
Defensive Asylum Processing with EOIR
A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
Individuals are generally placed into defensive asylum processing in one of two ways:
They are referred to an Immigration Judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or
They are placed in removal proceedings because they:
Were apprehended (or caught) in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status,
Were caught by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an Asylum Officer.
Immigration Judges hear defensive asylum cases in adversarial (courtroom-like) proceedings. The judge will hear arguments from both of the following parties:
The individual (and his or her attorney, if represented)·
The U.S. Government, which is represented by an attorney from Immigration and Customs Enforcement (ICE)
The Immigration Judge then decides whether the individual is eligible for asylum.
Elizee Law Firm is full service immigration law firm. We can guide you and your family through your current immigration case. Our staff is fluent in Spanish and Haitian Creole. Contact us at (305) 371-8846.