There are a host of reasons why it might be dangerous for you to return to your country of origin. You may be subjected to violence for your race, ethnicity, or religious beliefs. Your country’s government could have a track record of murdering or imprisoning people for their sexual orientation or gender identity. You might be persecuted for opposing those holding political power. Whatever the reason, you are entitled to apply for asylum in the U.S.
There are two ways to obtain asylum, both of which require your presence in the U.S. Affirmative asylum involves completing an application within one year of arriving in the U.S. or when your circumstances or those in your home country dramatically change. Your application for asylum can include your spouse and your unmarried children under the age of 21 who are currently in the U.S. You’re allowed to stay in the U.S. while your application is pending, although you typically don’t have authorization to work.
Defensive asylum comes into play when you are involved in deportation hearings, typically because your asylum application was denied, you were caught while attempting illegal entry to the U.S., or were caught and determined to have a credible fear of persecution or torture. If this happens, then you (through your attorney) will argue before an immigration judge that you should be granted asylum; an attorney from ICE will argue that you should not.
Whether or not you are granted asylum may literally be a matter of life and death. That is why you should turn to the San Francisco Bay Area immigration attorneys at Silver Law Firm. They understand the high stakes and will do everything within their power to ensure that you and your family can safely remain in the U.S.
