The United States offers affirmative asylum to some who have suffered persecution or fear they will face it if they return to their homeland. The oppression and discrimination must be due to their race, nationality, religion, political opinions, or membership in certain social groups.
While the federal government protects qualifying immigrants, the process is challenging, and many find it confusing. Therefore, they work with a seasoned Boston affirmative asylum lawyer to help protect their rights throughout the process without unnecessary problems or delays. Reach out to connect with one of our compassionate asylum attorneys today.
“This office’s successes in asylum cases are the emotional pinnacles of our practice. Some of our most memorable cases include hard-fought asylum claims. Details of our cases must be kept confidential, but we have prevailed in very powerful cases involving ethnic persecution, sexual persecution, and transgender persecution from clients from around the world. We are proud of our collaborations with Massachusetts-based religious and nonprofit groups who are also working for immigrant justice.” Jamie Gorton, Managing Attorney
Those wishing to file for protection under the program must have documents or other evidence to support their case, as the burden of proof falls on the applicants. Per the guidance of the Immigration and Nationality Act 101(a)(42), the applicant must prove their fear is well-founded. The evidence must establish that they face the strong potential of persecution because of their nationality, race, religion, membership in a group, or political opinions.
The regulations and guidelines are complicated, and reaching a favorable outcome often involves overcoming hurdles and setbacks. People inside the United States can apply for “affirmative” asylum unless they are in removal proceedings. If they are in a removal proceeding in the Immigration Court, a person may apply for “defensive asylum.” An attorney in Boston could help prepare the affirmative asylum application, gather the vital paperwork, and provide guidance and legal advice throughout the procedure.
Affirmative asylum may be available to qualified individuals already in the U.S. or seeking approval for admission. To apply, you must complete and file an Application for Asylum, with the U.S. Citizenship and Immigration Services, or USCIS, within one year of your arrival. Completing the applications correctly is crucial, as the agency rejects those with errors, which can delay the process significantly.
After receiving the paperwork, the agency either approves the request or issues a Form I-862, Notice to Appear. After forwarding the form, the agency places the individual in removal proceedings and refers the case to the Department of Justice’s Executive Office for an Immigration Review—the “Immigration Court.” This is described as the Asylum Office “referring” the case to the Immigration Court for a final decision.
Those approved for asylum can remain in the U.S. and obtain employment without the threat of deportation. They can also seek lawful permanent residency if they wish and enjoy many of the same benefits as citizens, including the ability to help family members immigrate to the country. Those who receive Form-I-862 must attend a hearing to present their case.
When the USCIS determines a credible reason for fear of persecution, they schedule an Asylum Merits Interview, and preparing for the appointment is essential. The applicant must arrive for the interview with a valid form of identification, such as a passport, Form I-94, Arrival-Departure Record if applicable, and any documentation to support your case. You have the legal right to bring a Boston lawyer to help you through the affirmative asylum interview process.
You may be eligible for defensive asylum if the DHS has initiated the removal process. This process allows immigrants to defend themselves with a lawyer in a court setting, and if successful, it will stop the deportation process in Boston, allowing them to remain in the country. You have the legal right to an attorney, but the Court will not give an attorney to you.
Once a person’s asylum case is in the Immigration Court, it sadly becomes part of a deportation proceeding. If the Court does not grant asylum, it will instead order removal from the United States, or enforce a voluntary departure from the United States. We strongly urge that asylum applicants with cases that were “referred” to the Immigration Court work with a Boston deportation defense attorney who understands both the law of asylum and the law of deportation.
Our attorneys represent clients throughout New England and represent clients in the several New England Immigration Courts: the Boston Immigration Court, Lowell Immigration Court, and the Hartford Immigration Court.
Thousands of Asylum seekers enter the country each year because their home country is unsafe, and they fear they will face harm if they return. You could be eligible for protection under the program when you enter the U.S. for protection from persecution.
An experienced Boston affirmative asylum lawyer could help determine eligibility and guide you. Call to schedule an appointment when you need help with a case.
