Cupertino Asylum Lawyer 

Fighting Tirelessly for Those Who Need It Most 

Believe it or not, thousands of individuals apply for asylum in the US. The leading countries of nationality for those who were granted either affirmative or defensive asylum (explained below) were the People‚Äôs Republic of China (China), Venezuela, and El Salvador. However, persecution knows no borders. It can affect anyone anywhere and at any time. For these reasons and more, asylum allows people to live permanently in the US if they have suffered persecution or fear that they will suffer persecution due to:  

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

If they are granted asylum, individuals can receive a variety of benefits and opportunities here in the US, such as: 

  • Authorization to work in the US 
  • Social Security card
  • Asylum for family members
  • Green Card (after 1 year in the US)
  • Financial and medical assistance

If you or a loved one was persecuted or fears persecution, call our Cupertino asylum attorney at (650) 590-8258 to schedule a consultation and learn more. Your fight is our fight! 

Dedication.
Passion.
Resolve.

Difference Between Affirmative Asylum and Defensive Asylum 

The two ways to obtain asylum in the US are through the affirmative process and defensive process, which we mentioned earlier. The key difference is that defensive asylum means you are using asylum as a defense against removal from the US, while affirmative asylum means you are seeking asylum because you were persecuted or fear persecution. 

The requirements to obtain affirmative asylum in the US include but are not limited to:

  • You must be physically present in the US. 
  • You must apply for asylum within one year of the date you last arrived in the US unless you can show:
    • Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and
    • You filed within a reasonable amount of time given those circumstances.
  • You submitted Form I-589 to US Citizenship and Immigration Services.

On the other hand, the process for defensive asylum begins when you request asylum as a defense against removal from the US. To be eligible for this process, you must currently be in removal proceedings with the Executive Office for Immigration Review (EOIR). From there, you will enter your defensive asylum proceeding in one of the following ways: 

  • You are referred to an immigration judge by USCIS after you were determined to be ineligible for asylum at the end of the affirmative asylum process.
  • You were placed in removal proceedings for one of the following reasons:
    • You were apprehended in the US or at a US port of entry without proper legal documents or in violation of your immigration status.
    • You were apprehended by US Customs and Border Protection for trying to enter the US without property documentation, placed in the expedited removal process, and found to have a credible fear of persecution or torture by an asylum officer.

How to Apply for Asylum in the US 

Applying for asylum generally requires that you file form I-589 within one year of arriving in the US. There is no government fee to apply for asylum, and an eligible person may also be able to apply for their wife and children so they can remain living permanently in the U.S. as well. If you want to include your children on your asylum application, they must be under 21 and unmarried. 

The most important step in the asylum application process is hiring a lawyer. Having knowledgeable and insightful legal counsel in your corner can better your chances of receiving protection here in the US. With our Cupertino asylum attorney on your side, you will receive one-on-one legal counsel, dedicated representation, and honest and straightforward communication every step of the way. We want to make the process as smooth as possible for you and your family.

To discuss your goals and learn about your plan of action, contact our firm online or at (650) 590-8258!

Quality You Can Count on

  • Honest & Straightforward
    Especially when dealing with complex immigration issues, it is critical to have an attorney who will clearly communicate with you through the entire process. This is why we prioritize honesty and direct communication with each of our clients.
  • Flexible Payment Plans
    We recognize the need for flexibility with payment plans, so we will work with you to find a payment strategy that works best for you in this season of your life.
  • Empathetic & Professional
    Coming from a family of immigrants, Attorney Canido has a unique, empathetic perspective that aids his approach with his clients.
  • Over a Decade of Legal Experience
    Attorney Rodrigo Canido has dedicated his career to resolving his clients' immigration matters for over 10 years. From working at prominent law firms to opening his own practice, Attorney Canido fights for his clients.

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