Eligibility for Asylum Status
There are two different types of asylum: affirmative asylum and defensive asylum. The first type involves applicants who entered the U.S. lawfully with a visa who apply to USCIS, whereas the second type is used in cases in which an individual needs to defend against deportation and removal actions. To qualify for asylum, you must be able to provide evidence that you fear that you would be at risk of torture or other types of persecution in the event that you were forced to return to your country of origin.
Claiming Refugee Status
Although generally the same in terms of status, the major difference between the refugee and asylum processes is that an individual seeking to immigrate as a refugee begins the process while still abroad. A person seeking asylum must first be physically present in the United States to file a petition. Refugee petitions are approved on the basis that the individual’s persecution is of special humanitarian concern to the United States and that the persecution is based on race, religion, nationality, political opinion, or membership in a particular social group.
Whether you are seeking asylum for yourself or are hoping to assist a loved one in claiming refugee status, we urge you to contact our office now for an initial consultation and to get the process started. Our services are available in English, Arabic, French, Spanish, and Russian.
