Asylum

 

Following the horrors that took place during World War II, the 1951 Refugee Convention was established. The core principle of the Refugee Convention was that refugees should not be returned to a country where their lives and freedom would be threatened. The United States has led the world in protecting the human rights of refugees and asylum seekers. 

 

The law allows for any person who is physically present in the United States, or who arrives in the United States, irrespective of their immigration status, to apply for asylum. 

 

Every year, thousands of refugees apply for asylum in the United States seeking protection because they have suffered persecution, or fear they would suffer persecution, because of their race, religion, nationality, membership in a particular social group, or political opinion. 

 

There are primarily two ways in which a person could apply for asylum in the United States, an affirmative application and a defensive application:

 

Affirmative Asylum (USCIS)

 

If you are already in the United States (whether you entered) illegally or lawfully, and you are not in removal proceedings (Immigration Court), you may file an affirmative asylum application, Form I-589, Application for Asylum, through U.S. Citizenship and Immigration Services (USCIS). 

 

After filing your application, you will be required to go to a fingerprint appointment and eventually to an interview before an immigration officer. 

 

If your application is not approved, you case will be referred to Immigration Court for removal proceedings. In Immigration Court you can renew your application before an Immigration Judge. 

 

Defensive Asylum (Immigration Court)

 

If you are currently in removal proceedings (i.e., immigration court), you can file a defensive asylum application with the Executive Office for Immigration Review (EOIR) and an Immigration Judge will review and decide your case. 

 

Generally, persons who have violated their immigration status, are seeking asylum at the U.S. border, or are apprehended after attempting to enter illegally, are eligible to file a defensive asylum application to stop deportation. 

 

First, the Department of Homeland Security will issue a Notice to Appear (NTA) in Immigration Court. You will then appear for a master calendar hearing where you will have the opportunity to submit your asylum application. Thereafter, the Immigration Judge will schedule your case for an individual hearing where you will present your claim through your testimony, testimony of witnesses, as well as documentary evidence. 

 

Upon approval of your asylum application, you will be granted asylee status in the United States. After approval, you could file an I-730, Refugee/Asylee Relative Petition for your spouse and/or children who were under 21 years old at the time of filing, for them to receive derivative refugee/asylee status. Learn more here: https://www.boyadzhyanlaw.com/green-cards-immigrant-visas-i-730-refugee-asylee-relative-petition/ 

 

Deadlines

 

If you are considering filing for asylum, regardless of whether it is an affirmative or defensive application, it is important that you file within 1-year of entering the United States. Otherwise, you may be barred from seeking asylum unless an exception applies to you. 

 

Processing Times

 

Currently, both types of applications are experiencing lengthy backlogs given the high volume of applications that are pending with USCIS and EOIR. Since processing times are constantly changing, you can expect on average two years until your case is decided.

 

Work Permit

 

However, once your asylum application is filed, you may be eligible to receive a work permit, social security number and a driver license until your case is decided. Once your asylum application is filed, a “work clock” will be assigned to your case, and generally, after one year has passed since the filing of your application, you will be eligible to file for a work permit and social security number. 

 

Why Choose Boyadzhyan Law

 

At Boyadzhyan Law you could expect top quality preparation of your asylum application, as well as effective representation. Attorney Gary Boyadzhyan has handled hundreds of asylum applications with a remarkably high success rate. We have a deep understanding of the asylum laws, as well as the constant changes in the law. 

 

What makes Boyadzhyan Law different than other firms is that we spend extensive time meeting with our clients, discussing strategy, and preparing a fully documented application. Together, we will carefully review and edit your asylum statement, discuss what type of case-specific evidence will help your application and plan a defense for any issues or weakness in your case to make sure you are positioned for success. 

 

Attorney Gary Boyadzhyan has appeared for hundreds of asylum interviews and court hearings and has a friendly and professional relationship with the majority of asylum officers and judges. We not only know what type of documents need to be submitted in support of an asylum application, but more importantly, we know each judges’ specific preferences and special requirements. 

 

We take pride in preparing a fully documented application, complying with deadlines, and advocating your claim before an asylum officer or immigration judge. At Boyadzhyan Law, you will truly have an experienced trail attorney by your side. 

 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com