ASYLUM, REFUGEES & DEPORTATION & REMOVAL DEFENSE
What is Asylum?
Asylum may be granted to individuals already in the United States who are unable or unwilling to return to their home country because of persecution. Grounds for persecution include race, religion, nationality, membership in a social group (including sexual orientation), or political opinion.
If you are granted asylum, you will be allowed to live and work in the United States. You will also be able to apply for permanent residency one year after you are granted asylum.
Return to MenuTypes of Asylum
There are two main types of asylum in the United States. Affirmative asylum is requested by individuals who are not currently in removal proceedings. Defensive asylum is claimed as a defense against removal by individuals who are already in deportation proceedings before an immigration judge.
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Asylum & Work Permits
If you are eligible for asylum, you may be permitted to remain in the United States. To apply, file Form I-589, Application for Asylum and for Withholding of Removal.
Key Facts About Asylum Applications
- You must file within one year of your arrival to the United States
- There is no fee to apply for asylum
- Once granted asylum, you are authorized to live and work in the United States
Asylum & Family
Who Can Be Included
You may include your spouse and children under 21 who are in the United States on your asylum application. To be included, children must be unmarried at the time of filing.
How to Include Family Members
Family members can be added to your application at the time you file or at any time until a final decision is made on your case. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page.
Return to MenuRefugee Status
Refugee status is similar to asylum but is obtained by a person who is currently outside the United States. Both categories offer protection to individuals facing persecution.
Refugees can build a case that they may be persecuted on the following grounds:
- Race
- Religion
- Nationality
- Political opinions
- Membership in a particular social group (including sexual orientation and ethnicity)
Contact us to discuss whether your personal circumstances might make you eligible for asylum or refugee status. We assist clients from around the world with the process of obtaining asylum in the United States and the United Kingdom.
Return to MenuDeportation & Removal
What Is Deportation?
Deportation (also called removal) is a process used by the U.S. government to remove individuals from the United States. The legal framework associated with deportation is notoriously complex.
Rising Deportation Numbers
The sharp rise in the number of undocumented immigrants in the United States has resulted in an increasing number of deportation and removal attempts by the U.S. government.
Your Legal Options
There may be grounds to appeal a decision to deport you. Contact our team to discuss your specific circumstances.
Click here to read more about deportation and removal
Return to MenuGrounds for Deportation
The U.S. government may initiate deportation or removal proceedings for a number of reasons. Common grounds for deportation include:
- Criminal convictions — including aggravated felonies and certain misdemeanors
- Visa overstays — remaining in the U.S. beyond an authorized period of stay
- Immigration fraud — misrepresentation on applications or during entry
- Unlawful entry — entering the United States without inspection or authorization
- Public charge — becoming primarily dependent on government assistance
Our attorneys are familiar with this process and are passionate advocates for immigrant rights. Contact us to discuss your case.
Return to MenuKnow Your Rights
If you or a non-U.S. Citizen family member have:
- Received a notice to appear before an immigration judge
- Received a visit from Immigration and Customs Enforcement (ICE)
- Become subject to a criminal investigation
- Been convicted of a misdemeanor or crime
then you need to speak to a competent, experienced, immigration lawyer.
Return to MenuRefugees and Asylum Seekers to the United States from India
Our firm helps refugees and asylum seekers from all over the world. We have significant experience with assisting refugees and asylum seekers from India.
Typically, many Indians have claimed refugee status because of the need to physically be outside the United States to qualify. However, the numbers of Indians reaching America through the southern border with Mexico has grown rapidly over the past decade. The number facing deportation and removal from the United States has also increased.
Please contact our team whether you are seeking to claim refugee or asylum status from India. We also offer deportation defense for Indian migrants.
Return to MenuAsylum & Green Cards
The United States is a safe haven for persons who have been persecuted or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
Path from Asylum to a Green Card
After being granted asylum, you may apply for a Green Card (lawful permanent residence) one year after your asylum approval date. The process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Your spouse and children who were granted asylum as dependents may also apply for permanent residency at the same time.
Return to MenuAsylum & Refugee Status for Lesbian, Gay, Bisexual and Transgendered (LGBTQ+) community
The United States has recognized sexual orientation as a reason for claiming asylum or refugee status for three decades. It falls under the belonging to a persecuted social group category within the broad asylum and refugee framework.
Eligibility
LGBTQ+ applicants must be able to demonstrate that there is a genuine fear of persecution if they return to or stay in their current country. Evidence of persecution may include government-sanctioned discrimination, violence, or criminalization of LGBTQ+ identity.
Same-Sex Marriage & Visa Options
Same-sex marriage has been legal in the United States since 2013. Members of the LGBTQ+ community are eligible for fiancee and spousal visas, as well as other family-based immigration pathways.
Davies & Associates proudly represents LGBTQ+ clients in asylum cases and with deportation defense.
Return to Menu See also:US Immigration Solutions for Same Sex Couples
Immigration Solutions for Same Sex Couples
Questions:If you are interested in obtaining asylum in the United States or Europe, we are interested in helping you. Please ask any questions you have below. You may enter "anonymous" in the name box if you wish.
