Charlotte Affirmative Asylum Lawyer

Every year, thousands of individuals come to the United States seeking safety from the persecution that plagued them in their home countries. This process can be complex and difficult to navigate, so many enlist the help of an immigration attorney.

If you fear persecution or have experienced it in the past, you may be able to apply for asylum. A Charlotte affirmative asylum lawyer could help determine if you are eligible and guide you through the application process.

What Is Asylum?

Asylum is a way to apply for protection if you fear persecution in your own country. Proving asylum requires showing that a government actor or non-government actor whom the government cannot or will not control has or will persecute you if you return to your home country. The persecution must be on the basis of race, religion, nationality, membership in a particular social group, or political opinion.

Depending on an applicant’s circumstances, two types of asylum applications exist: affirmative and defensive. Affirmative asylum is for asylum seekers who are not currently in removal proceedings, and defensive asylum is for those already in removal proceedings.

To apply for asylum, you must be physically in the United States or at a port of entry. You must also apply within a year of entering the United States. If you think you may be eligible for affirmative asylum, a Charlotte attorney could help you through this application process.

What Does the Affirmative Asylum Process Look Like?

The U.S. Citizenship and Immigration Services (USCIS), a Department of Homeland Security division, governs the affirmative asylum process. The first step in the affirmative asylum process is filing an I-589 with the USCIS. If a Charlotte attorney handles your affirmative asylum case, they must also file a Notice of Appearance (G-28). Within two to three weeks, the USCIS will send a receipt indicating which of the eight asylum offices has jurisdiction over the application.

The next step is the interview, which the asylum office will schedule with you. During the interview, an asylum officer will ask questions about your application and fear of returning to your home country. Two weeks after the interview, a decision will be issued, either recommending your application for approval or denying it.

You are free to live in the United States while your application is pending. If your application is denied, you may be able to appeal the decision and still remain in the U.S. while the appeal is pending.

Call a Charlotte Lawyer About Your Affirmative Asylum Case Today!

If fear of persecution or past persecution has forced you to abandon your homeland and you are not in removal proceedings, you may be eligible for affirmative asylum. A Charlotte affirmative asylum lawyer could help you with each step: determining if you are eligible, helping to file your application, and accompanying you to the interview. Contact one of our compassionate attorneys today.