Columbia Asylum Lawyers

Sometimes, a person's reasons for leaving their home country have to do with an urgent safety concern. This need is acknowledged in U.S. immigration law in the form of asylum protections, which allow people fleeing persecution from their home countries to legally stay within the United States, potentially providing a pathway to lawful permanent residency. A Columbia, MD asylum attorney can advise you of your rights and guide you through the process of applying for relief.

At Immigration Legal Advisors, PLLC, our legal team is here to help you navigate the process of applying for asylum. We have earned many 5-star reviews for our quality services, so you can rely on us to provide you with real legal help in your time of need.

Are You Eligible for Asylum?

Asylum eligibility in the United States depends on whether a person meets the legal definition of a refugee. The person must be unable or unwilling to return home because of past persecution or a well-founded fear of future persecution. Persecution is more than harassment or unfair treatment. It can include threats, violence, imprisonment, torture, or other severe harm.

The harm must connect to at least one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. A particular social group can include people who share a trait they cannot change or should not be required to change. The persecution usually must come from the government or from a group the government cannot or will not control.

Some people are barred from asylum even if they fear harm. Bars can apply to those who persecuted others, committed a serious crime, pose a security risk, or firmly resettled in another country before arriving. Eligibility questions often require a close review of the facts and the applicant's history.

Affirmative vs. Defensive Asylum Applications

Affirmative and defensive asylum applications both use Form I-589, but they begin in different places. An affirmative application is filed with USCIS by someone who is not in removal proceedings. The applicant later attends a non-adversarial interview with an asylum officer.

If the officer does not approve the claim and the applicant lacks lawful status, the case is usually referred to immigration court. The applicant can then present the claim again before a judge.

A defensive application is filed by someone already in removal proceedings. The claim serves as a defense against deportation. The hearing is adversarial. A government attorney can cross-examine the applicant and challenge the evidence. The judge also considers related protections, such as withholding of removal and relief under the Convention Against Torture. The standards for those protections are higher, but they have no one-year filing deadline.

Is There a Difference Between Asylum and Refugee Status?

Asylum and refugee status offer similar protection, but the main difference is where the person applies. Both require the same showing of persecution tied to a protected ground. A refugee applies from outside the United States, usually after a referral through the U.S. Refugee Admissions Program. An asylum seeker applies after arriving in the United States or at a port of entry. The claim is reviewed here, either by USCIS or an immigration judge.

Deadlines to Apply for Asylum in the United States

The deadline to apply for asylum in the United States is generally one year from the date of the applicant's last arrival. Missing this deadline can prevent a person from receiving asylum, even with a strong claim.

Exceptions exist in limited situations. Changed circumstances can apply when conditions in the home country worsen or when the applicant's own situation changes. For example, a person may convert to a new religion or become politically active after arriving. Extraordinary circumstances can include serious illness, a mental or physical disability, or ineffective help from a prior representative. Even when an exception applies, the application must be filed within a reasonable time.

Other deadlines follow once an application is filed. Judges set dates for evidence and filings in court cases. Missing an interview or hearing can lead to a dismissed application or a removal order. Applicants must also keep their addresses current with USCIS and the court.

Frequently Asked Questions About Asylum Applications in Columbia, Maryland

Contact Our Columbia Asylum Attorneys Today

At Immigration Legal Advisors, PLLC, we listen to each client's story and build a case for affirmative or defensive asylum with care and detail. Contact our Columbia, MD asylum lawyers or call us at 571-441-2233 to schedule a consultation.