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ASYLUM

By definition, asylum is the legal protection afforded by the United States government to a person who can demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The distinguishing feature of asylees is that they are seeking protection from deportation after having entered the United States, legally or illegally.

At Youngblood & Associates we are well-qualified and committed to represent you in seeking asylum.

There are two types of asylum: affirmative asylum and defensive asylum. The distinction between the two is whether or not the asylee has to defend himself in court.

  • Affirmative asylum seekers have not begun the deportation process in court. Instead, their cases are represented in a less adversarial setting before immigration officers of the United States Citizenship and Immigration Services (USCIS). Application for affirmative asylum is a multi-step process. The following is a brief description of the steps in the USCIS process.
  • Step One: Presence in the United States – You must be present in the United States or seeking entry at a port of entry.
  • Step Two: Application for Asylum – You must file Form I–589, Application for Asylum and for Withholding of Removal, within one year of your last arrival into the United States.
  • Step Three: Fingerprinting and Background/Security Checks – You will have received an appointment notice for these checks. Please make sure you fulfill this appointment.
  • Step Four: Interview Notice – An interview with an asylum officer will be scheduled for you.
  • Step Five: Interview – You may bring an attorney or accredited representative (including an interpreter, if needed) to the interview.
  • Step Six: Eligibility Determination – Your circumstances will be reviewed and a determination of your status will be made.
  • Step Seven: Decision – You will be notified to return to the asylum office to pick up the decision.

Defensive asylum is sought by a foreign national who is facing removal proceedings and who applies for asylum as a defense against removal. In this case, the foreign national had been deemed ineligible for asylum through the traditional affirmative asylum process. In contrast to the affirmative process, the defensive process must be heard before a judge. Representation by a qualified immigration attorney is of the utmost importance in this proceeding.

We realize that the asylum process can be challenging. Rest assured that our representation of your case will always be in your best interest.