Do you fear you might face harm if you return to your home country? If you are already in the United States and you have a well-founded fear of persecution should you return to your country of origin, you may be eligible to apply for affirmative asylum through USCIS. This process involves seeking protection from the U.S. government by articulating the specific reasons why you are afraid to return. These reasons can be based on your race, religion, nationality, membership in a particular social group, or political opinion. You will need to demonstrate a genuine and credible fear of suffering harm or mistreatment based on one of these protected grounds. The application process involves a review and interview by USCIS.
USCIS Interviews
Navigating the asylum process can be complex and overwhelming. With a lawyer’s expertise, you can attend your affirmative asylum interview with greater confidence and a stronger understanding of your rights. During an asylum interview, your attorney will provide invaluable assistance, safeguard your rights, clarify information, and guide you through any post-interview procedures.
Mandamus and Expediting Your Case
If your case has been pending for a long time, then it might be time to consider a mandamus action. A mandamus action is a legal procedure to compel a government official or agency to fulfill their duty. In the context of an affirmative asylum case, if U.S. Citizenship and Immigration Services (USCIS) is experiencing an unreasonable delay in processing your application, it may be possible to file a writ of mandamus with a federal court. This legal action petitions the court to order USCIS to render a decision on the asylum application. However, it is important to understand that mandamus is generally considered an extraordinary remedy and is typically pursued only in instances of significant and unjustified delay. Consulting with an immigration attorney is essential to assess whether pursuing a mandamus action is appropriate for your specific circumstances.
EAD
Work Permit Help for Asylum Seekers (EAD)If you’re seeking asylum in the U.S., we completely understand the strength it takes to start anew. Our law firm is dedicated to assisting you with the next step — applying for a work permit (EAD) so you can begin to build your life in a new way.
- First-time EAD applications based on a pending asylum case
- Renewals for individuals who need to extend their work authorization
- Ensuring that your forms are complete, timely, and as stress-free as possible
This isn’t just about paperwork — it’s about creating stability and nurturing hope for your future. We are here to guide you through the process with care and clarity.Let’s connect and embark on this journey together.
Defensive asylum is the process of requesting asylum as a defense against deportation proceedings in immigration court, rather than applying proactively through USCIS (affirmative asylum). This occurs when an individual is already in removal proceedings and expresses fear of returning to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The immigration judge will adjudicate the asylum claim as part of the removal case. Legal representation is crucial for navigating this process effectively.
DEPORTATION DEFENSE
ICE DETENTION
Immigration and Customs Enforcement (ICE) may detain individuals suspected of violating immigration laws, including those who have applied for asylum. ICE detention involves being held in a detention facility while immigration proceedings take place.
Whether someone is detained depends on various factors, including their criminal history, flight risk, and immigration history.
At our firm, we truly understand how frightening and uncertain detention can be—not just for individuals, but also for their families. We’re here to walk alongside you every step of the way.
We’re ready to assist with:
- Bond applications to help you seek release.
- Voluntary departure for anyone who wishes to return home with dignity.
- Clearly and kindly explaining your rights and options.
Every person deserves to be treated with dignity, and we’re here to help you take your next step forward with compassion and our dedicated legal support.
Bond
A bond is an amount of money that can be paid to secure the release of an individual from ICE detention. If someone is eligible for a bond, paying it allows them to be released from detention while their asylum case is pending. The immigration judge determines bond eligibility and the bond amount. Factors considered include:
- Flight Risk: Likelihood of the individual not appearing for future court dates.
- Danger to the Community: The Potential threat the individual poses to public safety.
- Immigration History: Past violations or compliance with immigration laws.
BIA Appeals
If an immigration judge denies your asylum application, you have the right to appeal to the Board of Immigration Appeals (BIA). As the highest administrative body for interpreting and applying U.S. immigration laws, the BIA reviews decisions from immigration judges and specific actions by USCIS.
A BIA appeal is a formal request for the BIA to review and reverse an immigration judge's decision, a vital process for those seeking to remain in the U.S. after asylum denial. The BIA typically conducts a "paper review," examining case records and legal arguments without holding a hearing.
At Merit Law LLP, we offer comprehensive support throughout the BIA appeal process.
Source: https://www.justice.gov/eoir/board-of-immigration-appeals