Asylum Immigration Lawyer in Chicago Illinois
Are you in the U.S. and in fear of danger when returning to your home country? Asylum is a form of humanitarian relief program offered by the Department of Homeland Security. It is a discretionary form of immigration relief (protection) granted to foreign nationals who flee their home country and seek temporary shelter and aid in the United States.
Affirmative Asylum vs. Defensive Asylum
Affirmative Asylum
There are two ways to obtain asylum in the United States, namely affirmative asylum and defensive asylum. Affirmative asylum is for someone who are already in the U.S. and file asylum within one year of their last arrival to the U.S. Sometimes, the one year rule can be waived if you can show that there are new circumstances that substantially affect your eligibility to apply for asylum. For example, when you first enter the U.S. your home country was peaceful and you were not under any persecution or in danger. However, after you arrive to the U.S., a civil war breaks out and you can not return to your home country because your faith is now considered a threat to the country.
To be eligible for asylum, you must prove an inability to return to your home country because of past persecution or a well-founded fear of future persecution based upon your race, religion, nationality, membership in a particular social group, or political opinion. Asylum should be filed within your first year of arrival in the United States. Convictions of an aggravated felony or being considered a danger to national security in the United States may make you ineligible for Asylum. However, Convention Against Torture Act or Withholding of Removal may be the alternative forms of relief.
Defensive Asylum
Defensive Asylum is available for someone who is in removal proceeding. It is used as a defense against removal or deportation from the United States. The information here focuses on Affirmative Asylum. Click here if you wish to learn more about Defensive Asylum as a defense in removal and deportation.
Withholding of Proceeding as an alternative to Asylum
A similar and alternative form of relief to Asylum whereby successfully proving the form of relief does not lead eligibility for permanent residence, however employment authorization may be applied for. To establish withholding of removal relief you must prove that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal.
Protection Under The Convention Against Torture (CAT) as an alternative
CAT protection is established under Article 3 of the United Nations Convention Against Torture, an International Treaty. CAT protects and obligates the United States and other Member countries to protect aliens from being returned to countries where they would more likely than not face torture. You must prove that more likely than not that you would be tortured if removed to a specific country. CAT does not make the you eligible for permanent residence, however you may apply for employment authorization.
Hire an experienced Chicago Asylum Immigration Lawyer
At Cipolla Law Group, we have over 30 years of collective experience representing foreign nationals including asylum seekers pursuing their immigration status in the United States. If you are in need of an Asylum application, please call (773) 687-0549 or contact our Chicago Immigration Asylum lawyer online for a consultation. We speak Spanish, Chinese, French, Italian and Portuguese.
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