Marvin Law Office, PC
  • Attorney Profile
  • Services
  • Blog
  • En Español
  • Client Portal
  • Schedule your Consultation

Our blog

Understanding the Asylum Process

5/20/2019

0 Comments

 
Many of you have heard of “Asylum” but most of you probably do not know what it is or whether you, your family or a friend are eligible for assistance from the government of the United States under this process.  I have had several clients recently come to me for help with a pending deportation and they did not realize that they were actually refugees and should have been seeking asylum protection from the United States government.

Asylum applies to any individual at any age from any country if you meet the eligibility requirements.  To be eligible for protection you must prove that you have suffered persecution or fear that you will suffer persecution in your home country because of your race, religion, nationality, membership in a particular social group or political opinion.  Unfortunately, someone is not eligible just because the conditions in their home country are not good or because they want a better job or life here in the United States.  You must prove that returning to your country of origin can mean torture or even death. 

There are two different processes for obtaining asylum: affirmative and defensive.  To obtain asylum through the affirmative asylum process, you must be physically present in the United States and must apply for asylum within one year of the date of your last arrival in the United States.  You can apply for asylum status regardless of how you arrived in the United States or your current immigration status.

For the defensive asylum process, a request for asylum is used as a defense against being removed (deported) from the U.S.  For asylum processing to be defensive, you must be in removal proceedings in immigration court.  This process requires attending hearings at the Immigration Court in Detroit with a formal trial where the judge determines whether or not to grant asylum to the applicant.  If the judge finds the applicant (and families) eligible for asylum, they will grant the status and allow the individual to remain in the US and seek additional assistance from the government.  If the applicant is not eligible for asylum, the judge will determine whether the individual is eligible for any other forms of relief from removal. If there are no forms of relief available, the individual (or family) will then be removed from the United States. 

Although the asylum process can be a difficult or long process, an approval can literally change an applicants’ life forever.  Obtaining asylum status in the US gives the seeker a fast-path to a green card and citizenship for themselves and any eligible family members in the US or back in their birth country.
0 Comments



Leave a Reply.

    Author

    Lee L. Marvin provides legal consulting and representation for individuals, companies and families in the areas of immigration and criminal law.

    Archives

    February 2021
    January 2021
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    May 2019
    March 2019
    February 2019
    October 2018
    July 2018
    June 2018
    December 2017
    November 2017
    October 2017
    August 2017
    June 2017
    May 2017
    April 2017
    February 2017
    October 2016
    July 2016
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    January 2015
    December 2014
    November 2014
    June 2014

    Categories

    All
    Asylum
    Children
    College
    DACA
    DAPA
    Election
    Employment Visa
    Family Law
    Immigration
    Inmigracion
    Leyes De Familia
    Marriage
    Matrimonio
    Negocios
    Small Businesses
    Tps

    RSS Feed

Picture
About us     
Contact us
​
Services
Scholarship
​Blog
Disclaimer
FAQ's
2522 Woodmeadow Dr. SE, ​Suite B
Grand Rapids, MI 49546
United States


Phone: (616) 805-3435
Business Hours:
Mon. to Thur.: 9:00 a.m. to 5:00 p.m.
Friday: 9:00 a.m. to 1:00 p.m.
Photos used under Creative Commons from shixart1985, Asamblea Nacional del Ecuador, Mike Licht, NotionsCapital.com, EWULibraries, kennyrivas, Soledad_Perez, ouyangcxtx, phalinn, Robert Cheaib - Theologhia.com, willmunny, davidmulder61, Denise P.S., Phil Roeder, mariajose_, PMillera4, .v1ctor Casale., Ray_from_LA, Senado Federal, .v1ctor Casale.
  • Attorney Profile
  • Services
  • Blog
  • En Español
  • Client Portal
  • Schedule your Consultation