Most foreigners who come to the United States do so because of new opportunities. They choose to migrate, seeking better jobs, education, and living conditions. But there are also thousands of people crossing the border seeking asylum because they have no other choice.
Our Boston asylum lawyers at Nomos Law Group understand that this can be a stressful time for this client group. A lot is hanging on their application. That is why the first step is to help our clients understand the process and what to expect.
The United States offers asylum to people who have a reasonable fear of going back to their home country due to having been persecuted in the past or fearing persecution in the future. The process is designed for people already in the country or when entering at the borders of the U.S.
It is important to note that this is different from the refugee process where you move to the U.S. for protection. To apply for asylum, you must already be in the country.
If you have questions about seeking asylum in Boston, contact the team at Nomos Law Group today.
Simply being afraid of going back to your home country is not enough to become eligible to seek asylum. You need to prove that you meet the definition of a refugee under 8 U.S. Code § 1101.
The main requirement is to show you have been a victim of persecution in the past, or you can prove a well-founded fear of persecution if you go back.
The persecution suffered should fall under one of the following five grounds:
Proving persecution based on one of the given grounds is the main challenge of applying for asylum.
It is still being debated whether gender should be part of the grounds for fear of persecution. But there have been past cases where the applicant was successful because they were subject to specific cultural practices, like domestic violence and forced marriage.
There are two main types of asylums available under U.S. laws.
Affirmative asylum is for those who are not currently undergoing removal proceedings. They have the option to apply for asylum through the U.S. Citizenship and Immigration Services proactively. If the asylum officer denies the application, you will go through removal proceedings where you can renew the request for asylum with the immigration judge.
Defensive asylum is for people who are already undergoing removal proceedings. It is applied at the Executive Office for Immigration Review under the Department of Justice as a defense against being removed from the country.
If you want to learn more about the types of asylums and what you can apply for, contact our experienced Boston asylum lawyers today.
The asylum process is complicated and will take time to resolve. It can take years to conclude. Some applicants receive their interview date years into the future.
The delay is caused by the number of applications pending with the USCIS. There is a huge backlog with the immigration courts. You can expect to wait roughly three years for your case to get resolved.
Asylum seekers are usually vulnerable members of society, including children and victims of domestic abuse. While the laws provide them the right to remain in the U.S. while waiting for the decision on their application, there are instances where the government argues to detain them. Some courts have rejected this notion.
The application is complex and challenging. That is why our Boston asylum lawyers are here for you. We have the experience and knowledge to guide you through the process.
Contact the team at Nomos Law Group today If you need consultation.
Nomos Law Group LLC is a law firm that focuses on immigration law, with commitment, dedication, compassion and responsibility.
Our mission is to help individuals, families and businesses with the following immigration solutions for: family migration, asylum, citizenship and naturalization, work-based green card, temporary work visas, deportation and removal advocacy, visa change, visas students and visitors, and all other issues related to immigration.
If you prefer to speak to someone in person, you can visit one of our sites for a free consultation.
Our offices are open from 8:00 A.M. until 8:00 P.M. from Monday to Friday, and from 9:00 A.M. until 5:00 P.M. Saturdays. We will be glad to see you during these hours.
© Copyrights 2023. Nomos Law Group LLC All Rights Reserved.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.