Frederick, Maryland Asylum Attorneys

When conditions in your home country become dangerous and hostile, applying for asylum can give you a legal pathway to make a better life for yourself in the United States. That being said, asylum applications involve strict rules, which means that any small mistake could jeopardize your legal status. For legal help, turn to a Frederick, MD asylum attorney.

Your asylum application should be handled with care. Immigration Legal Advisors, PLLC is here to provide you with personalized legal advice, guiding you through your case and working to address any barriers to asylum. We have over a decade of legal experience, and in that time, we have handled many sensitive immigration cases.

Who Can Apply for Asylum in the United States?

Asylum offers protection to people who cannot safely return to their home country due to a well-founded fear of harm. The law does not grant asylum to everyone who faces hardship abroad, since an applicant must meet specific legal standards tied to the reason behind the feared harm. Understanding these standards is often the first step in building a strong case. A person may qualify for asylum if they can show a well-founded fear of persecution based on one of the following:

• Their race or ethnic background
• Their religious beliefs or practices
• Their nationality or country of origin
• Political opinions they hold or are believed to hold
• Membership in a particular social group

An applicant must also show that the government of their home country is either responsible for the feared harm or unwilling to stop it. This can include threats from government officials, police, military groups, or other organizations the government cannot or will not control. Every case depends on the applicant's specific circumstances, and an experienced attorney can help determine whether the facts of a case fit the legal definition of a refugee under United States law.

What Is Affirmative Asylum?

Affirmative asylum is available to a person who is not currently in removal proceedings and wants to apply for protection on their own initiative. This process begins with filing an application with United States Citizenship and Immigration Services, often shortened to USCIS, along with detailed evidence supporting the claim.

After filing, the applicant typically attends an interview with an asylum officer, who reviews the application and asks questions about the applicant's background and the harm they fear. The officer considers credibility, consistency, and the strength of supporting evidence before deciding whether to grant asylum.

If an affirmative application is denied and the applicant does not otherwise have lawful status, the case can be referred to immigration court, where the person may then present a defensive asylum claim before an immigration judge. Given this possibility, a well-prepared affirmative application can shape how the rest of the case unfolds.

What Is Defensive Asylum?

Defensive asylum applies to a person who is already in removal proceedings and requests asylum as a defense against being sent back to their home country. This often happens after someone is placed in immigration court following an arrest, a referral from an affirmative application, or an attempt to enter the United States without proper documentation.

Unlike affirmative asylum, a defensive case is decided by an immigration judge rather than an asylum officer. The process includes hearings where the applicant presents testimony and evidence, and the government's attorney can question the applicant and challenge the claim. The judge then decides whether the applicant qualifies for asylum or another form of relief.

Defensive asylum cases can move quickly, and the stakes are high since removal proceedings are already underway. Preparing detailed evidence, including personal statements, country condition reports, and any available documentation of past harm, is essential to presenting a strong defensive claim.

Asylum Matters in Frederick FAQs

How Long Do You Have to Apply for Asylum Upon Arriving in the United States?

In most cases, a person must apply for asylum within one year of their most recent arrival in the United States. This deadline applies whether the person is filing affirmatively or expects to raise asylum defensively later in removal proceedings.

Exceptions to this deadline exist for changed circumstances that affect eligibility, such as new developments in the applicant's home country, or extraordinary circumstances that prevented timely filing, such as a serious illness or legal disability. An applicant who misses the one-year deadline without a qualifying exception can face significant obstacles in pursuing asylum.

The one-year deadline can be easy to miss, especially for someone unfamiliar with the immigration system, so seeking legal guidance soon after arrival can help protect your ability to apply.

Contact Our Frederick Asylum Lawyers Today

At Immigration Legal Advisors, PLLC, we know the pressure that comes with building a claim that could determine whether you can safely remain in the United States. Contact our Frederick, MD asylum attorneys or call 571-441-2233 to arrange your initial consultation.