ASYLUM

Many immigrants experience fear and persecution in their home country. Sometimes their government or private individuals have threatened their very lives. If this describes your situation, you may be seeking refugee status or asylum.  These protections may be granted to people who have been persecuted or will be persecuted based on their race, religion, nationality, political opinion, or membership in a “particular social group.” A “particular social group” can mean many things, including but not limited to one’s sexual orientation or gender identity.

“Refugee” is the term for people who are outside of the United States. “Asylee” or “asylum seeker” are the terms used for people who are either inside the U.S. or seeking admission at a port of entry. 

• You are present in the U.S. (by lawful or unlawful entry).
• You filed for asylum within one year of arriving in the U.S. (or can qualify for an exception to the one-year rule).
• You are unable or unwilling to return due to past persecution or a well-founded fear of future persecution.
• The reason for the persecution is related at least one of these five things:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a Particular Social Group
• The persecution needs to either come from government forces or from a group or individual that the government is unable or unwilling to control.
• You are not involved with crimes or activities that would bar you from asylum relief.

If you prevail on your asylum application, you will have the right to work and live in the U.S., travel, and eventually apply for permanent residency. In some circumstances, your spouse and children may also obtain these rights. Contact Encanto Law for more information.

I don’t qualify for asylum, but I still have fear of returning. 

Are there other options?

In some cases, a person can apply for protections similar to asylum: namely, withholding of removal and/or protection under the Convention Against Torture. Encanto Law has extensive experience with both of these alternative forms of protection.