Boston Asylum Attorneys

Providing Legal Support for Asylum Seekers

Seeking asylum in the United States is an option sought by many foreign citizens who are the target of persecution in their home countries. The U.S. Department of Homeland Security reports that as many as 17,692 foreign immigrants received asylum in the United States throughout the 2021 fiscal year. During this period, the countries with the highest number of asylum seekers were El Salvador, China, and Venezuela. If you are considering applying for asylum in the United States, it is important to know the steps you should take and why working with an asylum attorney may be the right choice for you.

Your path to safety and a secure future starts here. If you’re seeking asylum or pursuing citizenship, our dedicated team is ready to guide you every step of the way. Speak with our asylum attorneys in Boston to discuss your options to pursue asylum status and take the next step toward peace of mind and stability.

Ready to seek asylum? Contact us today to learn more about our immigration services.

What Is Asylum?

Asylum is a way for an immigrant to receive protection in the United States and be allowed to live and work in the country legally. An asylum seeker is usually someone who has escaped dangerous or violent conditions in their home country and has a well-founded fear of persecution, bodily harm, or even death if they return to their country. Asylum seekers are typically persecuted due to their race, political opinion, religion, or membership in a certain social group.

If an asylum seeker’s application is approved, they may reside in the United States without fear of persecution or deportation. In addition, the asylee may also request follow-to-join asylum benefits for their family (namely, their spouse and unmarried children under 21).

Who Can Apply for Asylum in the United States?

To apply for asylum, a person must already be physically present in the United States or arrive at a U.S. port of entry. Many individuals request asylum when they first enter the country, while others apply after they are already living in the United States. In most situations, the applicant must submit an asylum application within one year of their most recent arrival.

Asylum is available to individuals who cannot safely return to their home country due to persecution or a well-founded fear of persecution. This protection may apply when someone has been targeted because of:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Claims based on membership in a particular social group can include individuals who have been persecuted due to family ties, gender-related violence, or other recognized social characteristics. In some situations, victims of human trafficking or other forms of exploitation may also qualify if they can demonstrate a connection between the harm they experienced and one of the protected grounds under U.S. asylum law.

The Asylum Application Process

Applying for asylum involves a formal legal process that requires detailed documentation and adherence to strict deadlines. The process generally begins when the applicant files Form I-589, Application for Asylum and for Withholding of Removal.

After filing, the following steps typically occur:

• Submission of immigration documents: Applicants must provide supporting immigration documents, identity records, and evidence that supports their claim of persecution.
• Biometrics appointment: The applicant may be scheduled for fingerprinting and background checks.
• Asylum interview: The applicant will attend an interview with an asylum officer. During this stage, the applicant may bring an experienced attorney to help present the claim and ensure that their rights are protected.
• Decision on the application: Following the interview, the government reviews the information and makes a determination on his or her application.

If asylum is granted, the applicant may remain in the United States, obtain work authorization, and eventually apply for lawful permanent residence. After meeting certain eligibility requirements, individuals may later pursue United States citizenship.

Asylum FAQs

What Happens If the Application Is Not Granted?

If the asylum officer does not approve the application and the applicant does not currently have lawful immigration status, the case may be referred to the immigration court system. In that situation, the individual may be placed in removal proceedings before a judge within the Executive Office for Immigration Review. The asylum request can still be presented to the judge as part of the ongoing immigration case.

Legal Guidance for Boston Asylum Applicants

Because asylum cases often involve complex evidence and strict legal requirements, many individuals choose to seek legal assistance. An attorney familiar with Boston immigration issues can help applicants prepare documentation, gather supporting evidence, and present their claim clearly during interviews or hearings.

Whether you are applying for protection after arriving in the United States or responding to challenges in ongoing immigration matters, careful preparation is critical. Working with a legal professional can help ensure that your asylum application is properly prepared and that your rights are protected throughout the process.

Should I Apply for Affirmative or Defensive Asylum?

The application process described above is for affirmative asylum applicants. The other possible path for someone to be granted asylum in the United States is defensive asylum. It is important to determine which process is right for you, as the steps may vary, and the help of qualified Boston immigration lawyers may be necessary.

Should I Apply for Affirmative or Defensive Asylum?

The application process described above is for affirmative asylum applicants. The other possible path for someone to be granted asylum in the United States is defensive asylum. It is important to determine which process is right for you, as the steps may vary, and the help of qualified asylum attorneys in Boston may be necessary.

Defensive Asylum Applicant

A defensive asylum applicant is physically present in the United States, is undergoing removal proceedings (being deported), and may or may not have been arrested and placed under the custody of the Department of Homeland Security. A defensive asylum application is handled in immigration court and decided by a judge and requires legal representation from a skilled immigration attorney. The attorney would essentially be asking the court to allow the foreign citizen to remain in the country as an asylee.

Affirmative Asylum Applicant

In contrast, an affirmative asylum applicant is not under the custody of DHS and is not in the process of being deported. Affirmative asylum applications are filed by the applicant themselves and handled by the USCIS and not by an immigration court. Even then, it may be beneficial to have the help of an experienced asylum attorney to improve your chances of being accepted.

What Are The Advantages of Seeking Asylum in the United States?

At Paul Toland Law, we understand the critical importance of seeking asylum for those facing persecution. Asylum offers protection and security for individuals fleeing dangerous conditions, providing a path to a safer, more stable life in the United States. Pursuing asylum allows you to:

• Gain Legal Protection: Asylum safeguards you from being forced to return to a country where you may face harm due to your race, religion, nationality, political opinion, or social group.
• Establish a New Life: Successful asylum applicants have the opportunity to live and work legally in the United States, securing the means to support themselves and their families.
• Apply for Family Reunification: As an asylee, you may be able to bring your immediate family members to join you, allowing loved ones to share in the safety and opportunities that asylum provides.
• Build Toward Permanent Residency: After being granted asylum, you may apply for lawful permanent residency (a green card), which puts you on a path toward U.S. citizenship.

With the support of an experienced asylum lawyer, you can navigate this complex area of immigration law and build a strong case for your future.

How Can Our Boston Asylum Attorneys Help?

If you are at risk of persecution in your home country and wish to apply for asylum in the United States, consulting with an asylum lawyer should be your first step. Our asylum attorneys in Boston can help you verify your eligibility, provide you with guidance throughout the application process, prepare you for the interview, and take all necessary steps to maximize your chances of success. At Toland Law, LLC, our immigration lawyers have represented countless clients in asylum proceedings throughout the Greater Boston area.