Tucson Immigration Lawyers Helping People Gain Asylum in the United States

The immigration attorneys at the Benavidez Law Group, P.C. possess the experience and resources to help clients apply for asylum in the United States. Please learn more about eligibility for asylum below.

Seeking Asylum in the United States

Asylum is legal protection given by the United States government to a person who can demonstrate a "well-founded fear of persecution" in his or her home country. This fear can be based on race, religion, nationality, membership in a particular social group, or political opinion. If a person does not have a country of nationality, they must fear persecution in their last place of habitual residence.

Asylees differ from refugees in that they are seeking protection from deportation after having entered the United States; however, the opportunity to apply for asylum is offered to both refugees outside the U.S. and people who have already entered the country illegally. There are generally two ways to gain asylum:

  • Affirmative Asylum - People seeking affirmative asylum have not yet begun the deportation process in court. Rather, they present their cases in a less adversarial, office-like setting to immigration officers at the United States Citizenship and Immigration Services (USCIS). If the USCIS officer denies asylum, it triggers the defensive process in which the applicant is given another opportunity to prove his or her case before an immigration judge.

  • Defensive Asylum - People filing defensive asylums must prove their cases to an immigration judge at the Executive Office for Immigration Review (EOIR). The EOIR is not bound by any prior USCIS decision.

A successful outcome in an asylum case depends on an individual's ability to show that a reasonable person in his or her circumstances would fear returning to the home country. This fear must be "credible" and "well-founded," perhaps due to past incidents of harm. At the Benavidez Law Group, P.C., we understand how to present asylum cases, and can effectively represent you at any meetings, interviews or hearings with immigration or State Department officials.

Time Limits on Filing for Asylum

People seeking asylum have one year from their arrival in the United States to file an application, otherwise asylum may become unavailable as a form of relief. Exceptions to the one-year bar include changed country conditions, such as civil war, and extraordinary circumstances beyond the applicant's control, such as serious illness.

Contact Our Immigration Lawyers to Apply for Asylum

If you or a loved one needs help filing for asylum in the United States, please contact the Benavidez Law Group to schedule a consultation. We will make sure your rights and interests are protected at all times during the asylum process. Hablamos español.