Asylum is a form of protection from removal that may be granted to people who have been persecuted or have a fear of persecution on account of race, religion, nationality, and/or membership in a particular social group or political opinion.
The opportunity to apply for asylum is offered to both refugees outside the United States and persons who have entered the country regardless of their current immigration status. Those who can demonstrate a credible fear of returning to their home country due to past persecution may receive status in the United States.
The legal foundation for asylum comes from Section 208 of the Immigration and Nationality Act. Federal regulations that explain the eligibility requirements and procedures for asylum can be found in the Code of Federal Regulations (CFR) at 8 CFR § 208.
Who Can Apply for Asylum and When
Individuals of any nationality currently in the U.S. or who are seeking entry at a port of entry (airport, seaport, or border crossing) may apply.
Generally you must apply for asylum within one year of your last arrival into the U.S. Exceptions may apply such as (1) changed circumstances in your home country that affect your eligibility or (2) extraordinary circumstances related to your lateness in filing.
Apply for Political Asylum
To apply for asylum please contact the experienced asylum attorney’s at Brandt Immigration who will discuss your particular situation and provide expert analysis and advice on crucial areas, such as:
- credible fear standards
- gang and gender based asylum claims
- procedures for unaccompanied children
- burdens of proof, standards of proof, and evidentiary burdens on asylum-seekers
- legal standards for demonstrating eligibility for asylum, protection under the Convention Against Torture, related forms for relief
- border apprehensions and seeking relief while subject to expedited or reinstatement of removal
- family detention and bond practice
- seeking immigration and public benefits for those granted relief
- eligibility requirements for adjustment of status as an asylee or refugee seeking §209(c) waivers of inadmissibility
- termination of relief and strategies for fighting termination
- filing cases before USCIS and the immigration courts
- administrative or judicial review of denials of relief