San Jose Asylum Lawyer 

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 San Jose 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!