Affirmative asylum through USCIS
If you are already in the United States and have a well-founded fear of persecution should you return to your country of origin, you may be eligible to apply for affirmative asylum through U.S. Citizenship and Immigration Services (USCIS). You will need to explain the specific reasons why you are afraid to return, based on your race, religion, nationality, membership in a particular social group or political opinion, and show a genuine and credible fear of harm on one of these protected grounds. The process involves a review of your application and an interview with USCIS.
Preparing for your USCIS interview
The asylum process can feel complex and overwhelming. With a lawyer, you can attend your affirmative asylum interview with greater confidence and a clearer understanding of your rights. During the interview your attorney safeguards your rights, clarifies information and guides you through any post-interview procedures.
Mandamus when your case is delayed
If your case has been pending for a long time, a mandamus action may be worth considering. Mandamus is a federal court action that asks the court to order a government agency to perform its duty — here, to decide an asylum application that USCIS has unreasonably delayed. It is considered an extraordinary remedy and is typically pursued only after a significant and unjustified delay, so an attorney should first assess whether it is appropriate in your circumstances.
Work permits (EAD) for asylum seekers
Starting a new life takes strength. We help asylum seekers with the next step — a work permit (Employment Authorization Document, or EAD) — so you can begin to build your life here.
- First-time EAD applications based on a pending asylum case
- Renewals for individuals who need to extend their work authorization
- Making sure your forms are complete and filed on time
Defensive asylum in immigration court
Defensive asylum is a request for asylum made as a defense against removal (deportation) in immigration court, rather than an application filed proactively with USCIS. It applies when a person is already in removal proceedings and fears returning to their home country because of persecution based on race, religion, nationality, membership in a particular social group or political opinion. The immigration judge decides the asylum claim as part of the removal case, which makes legal representation especially important.
ICE detention
Immigration and Customs Enforcement (ICE) may detain individuals suspected of violating immigration laws, including people who have applied for asylum. Whether someone is detained depends on factors such as criminal history, flight risk and immigration history. We understand how frightening detention is for the person detained and for their family, and we can help with:
- Bond applications to seek release
- Voluntary departure for anyone who wishes to return home with dignity
- A clear explanation of your rights and options
Bond
A bond is an amount of money paid to secure a person’s release from ICE detention while their case is pending. The immigration judge decides whether a person is eligible for bond and sets the amount, considering:
- Flight risk — the likelihood that the person will not appear for future court dates
- Danger to the community — any potential threat to public safety
- Immigration history — past violations of, or compliance with, immigration laws
Appealing a denial to the Board of Immigration Appeals
If an immigration judge denies your asylum application, you have the right to appeal to the Board of Immigration Appeals (BIA), the highest administrative body for interpreting and applying U.S. immigration law. The BIA usually conducts a “paper review” of the record and the legal arguments without holding a hearing. We support clients throughout the BIA appeal process.
Source: U.S. Department of Justice, Board of Immigration Appeals