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Asylum: Who Can Seek Asylum in the USA?

There are two options in gaining asylum in the USA. These are called the "affirmative process" and the "defensive process." The affirmative process requires that you are physically present in the USA. You are required to apply for asylum within one year of the last time you entered the country. There are some issues that could allow for flexibility on the one-year limitation, but to avoid problems and the possibility of denial, it is important that your papers are filed in a timely manner.

Those who have been placed in removal proceedings and are in the process in immigration court can also apply for asylum, called a "defensive" filing claim. This application is submitted to the EOIR, or Executive Office for Immigration Review. These are matters that must be addressed quickly and accurately. A defensive filing has several requirements, and asylum cannot be granted until certain facts are in place and reviewed, including a background check. Requirements in granting asylum through the defensive filing process were imposed by the Department of Homeland Security. Once the protection from removal is granted, you will have many more requirements to fulfill, all of which should be addressed with the assistance of a skilled immigration attorney.

There are various factors that could make you eligible for asylum. When a foreign national is persecuted or is threatened with persecution due to religion, race, political affiliation, and certain other types of persecution, it may be possible to gain legal status in the USA. If for some reason, you are denied asylum, there are other options to pursue to help you continue to make your life in the USA.

The processes involved in US immigration law are extremely complex. Those who are trying to manage an immigration legal matter can have real trouble understanding the forms, the requirements and the specific requests for documentation. When a form is submitted incorrectly or is missing information, the process will be stalled. It is often extremely important that an immigration matter gets resolved quickly. If you believe you are eligible for asylum, get an attorney on your side that has experience and contacts within the agencies to move your case forward.

Find out more about asylum by connecting with an Ohio immigration lawyer from Robert Brown LLC.

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