We often time consult with individuals who have already concluded that they do not qualify for asylum because they are unable to obtain some piece of evidence relevant to their case. This is often based on bad advice from family, friends, or other individuals who are not competent immigration attorneys. For some of these individuals if they had not retain Furness Law, they probably would not have pursued their asylum claim and never would have known that they could actually win their case.
There are two types of Asylum cases: 1) Affirmative and 2) Defensive asylum cases.
Affirmative Asylum Process:
The affirmative asylum process is when an asylum application is directly filed with the Asylum Office under USCIS and not the immigration court. If you are physically present in the United States regardless of how you arrived, you may file an affirmative asylum application with USCIS within one year of arrival to the United States.
Defensive Asylum Process:
The defensive asylum process is when an asylum claim is used as a defense to deportation before the Immigration Court. Generally, individuals are ordered to appear to immigration court when they lose their affirmative asylum claim before an Asylum Officer under USCIS and referred to the Immigration Court; or, they were apprehended at the border or someplace within the United States.
The Asylum process in the United States includes Asylum, Withholding of Removal and Convention Against Torture also known as “CAT”. Asylum is the only form of protection in which a person may obtain a green card. If you are planning to seek asylum in the United States please call Furness Law to schedule a consultation in person, phone, or skype.