Our Practice Areas
Asylum and Removal Defense
Feng Law Office
Asylum and Removal Defense
What is Asylum?
Asylum is a form of protection for people already in the U.S. or at the border who fear persecution in their home country.
This fear must be based on race, religion, nationality, political opinions, or membership in a particular social group.
Our experienced asylum attorneys in Irvine, CA, will guide you through the asylum application process, ensuring every detail is handled carefully.
Types of Asylum
There are two primary types of asylum applications:
Affirmative Asylum: Affirmative Asylum is for individuals not in removal proceedings who proactively apply for protection through USCIS.
This process involves filing an asylum application (Form I-589), attending an interview with an asylum officer, and providing evidence to support your case.
Defensive Asylum: Defensive asylum is for individuals already in removal proceedings before an immigration court. This application is a way to avoid deportation and requires representation by a removal defense attorney to present the case effectively during court hearings.
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Who can apply for Asylum?
Anyone physically present in the United States or at the border who fears persecution in their home country.
You can apply for asylum irrespective of your immigration status. However, your application must be filed within one year of arrival in the U.S. Unless exceptional circumstances justify the delay.
The right to asylum is protected under U.S. immigration law and Article 14 of the Universal Declaration of Human Rights.
What are the Eligibility Criteria?
- You must be physically available in the USA with a visa or border cross.
- You have a fear of persecution in your home country.
- Persecution is based on race, religion, nationality, political opinion, or membership in a particular social group.
- That your government is unable or unwilling to protect you from this persecution.
If you are unsure about your eligibility, consulting an asylum attorney in Irvine, CA, can help you. They can help you in consultation with the best attorney lawyer.
Can I go to my Home Country after applying for Asylum?
No, this indicates to immigration officials that you no longer fear persecution from your home country. This can jeopardize your case.
Always consult an immigration lawyer for asylum cases before traveling to your home country.
What are the removal proceedings?
Removal proceedings are legal processes initiated by the government to deport an individual from the United States.
- Initiation: Removal proceedings begin for several reasons, such as staying in the U.S. after your visa expires, breaking visa rules, committing crimes, or having no legal status.
The initiation begins when you receive a “Notice to Appear” (NTA), a document explaining why the government wants to remove you and lists the charges against you.
- Immigration Court: Your case will be handled in an immigration court, part of the U.S. Department of Justice.
An immigration judge oversees the case, while the government is represented by attorneys from the Department of Homeland Security (DHS).
- Hearing Process: During the hearings, both sides—the individual (often with an attorney) and the government—present evidence and arguments.
You can challenge the charges and apply for relief from removal, such as asylum or adjustments to your immigration status.
- Decisions: After reviewing the evidence and hearing arguments, the judge decides whether you will be removed or allowed to stay in the U.S.
If relief is granted, you may remain under certain conditions. If not, the judge will issue a removal order.
- Appeals: If you disagree with the judge’s decision, you can appeal to the Board of Immigration Appeals (BIA). Further appeals can be made to federal courts to review the case if necessary.
- Enforcement: If the removal order stands after all appeals, you must leave the U.S.
If you do not leave voluntarily, immigration authorities can enforce the removal by detaining and deporting you.
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