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What is Asylum?

What is Asylum?

U.S. Citizenship and Immigration Services (USCIS) can seek deportation of an individual who has illegally entered the U.S. or overstayed a non-immigrant visa, committed certain crimes, or failed to file for permanent residency in a timely manner. In some cases, asylum may be a defense against deportation or removal and allow an individual to remain in the U.S. In order to be eligible for asylum, an individual must have suffered persecution already or have a well-founded fear that he or she would suffer persecution in the future as a result of his or her race, religion, nationality, membership in a particular social group, or political opinion. Some cases have decided that asylum also can be based on persecution or a fear of persecution due to an individual’s gender or sexual orientation. To apply for asylum, an individual must file Form I-589, Application for Asylum and for Withholding of Removal with USCIS, within one year of his or her arrival in the U.S. An individual also can include his or her spouse and unmarried children under the age of 21 on an application for asylum. Once granted asylum, an individual has the legal authority to remain in the U.S. An asylee also can petition USCIS to bring his or spouse and minor children to the U.S.. This petition (on form I-730) is due no later than two years following the date on which the individual received asylum, but this timeframe can be extended for humanitarian reasons. An individual and his or her spouse and children who have been granted asylum may apply for permanent residence, or a green card, one year after the grant of asylum. Each individual must submit a separate application seeking permanent residence. The deportation defense lawyers of Landerholm Immigration, A.P.C. have handled countless asylum claims on behalf of individuals who are risk of removal. We know how devastating it can be for individuals to face potentially being forced to return to a country where they previously were persecuted. We care about you and your family, and we want to help you gain asylum. Call our office today to set up your free consultation.

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