Asylum in the United States might be sought by an individual by a foreign national who has entered or seeks to enter this country so that he or she will not be required to return to their nation of citizenship. According to the U.S. Citizenship & Immigration Services (USCIS), there are two ways of obtaining asylum. Those are by affirmative asylum or defensive asylum. In either case, the petitioner must show that he or she is unwilling to return to their nation of citizenship because of a well-founded fear of persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. The person seeking asylum has the burden of proving one or more of these.
What is Affirmative Asylum?
In order to be granted asylum by affirmative asylum, you must be residing in the United States. Your present immigration status is not relevant, but you must apply for asylum within one year of your arrival in the United States by submitting a fully completed Form I-589 Application for Asylum and For Withholding of Removal. By reviewing the form, you’ll quickly learn that affirmative asylum laws are complicated. It’s extremely important for you to have a San Jose Immigration lawyer from here at Yemi Getachew Immigration Law Office, P.C. representing you from the beginning to the end of the affirmative asylum process. By doing so, you’ll be giving yourself the best chance at having your application for asylum granted.