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 on account of 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 be able to apply for permanent residency one year after you are granted asylum.
Types of Asylum
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 for Asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.
Asylum & Family
You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. For more information see our Form I-589, Application for Asylum and for Withholding of Removal page.
Refugee Status
Refugee status is similar to asylum but is obtained by a person who is currently outside the country. Like people claiming asylum, refugees can build a case that they may be persecuted because of their race, religion, nationality, political opinions or membership of a particular social group. These categories broaden out to include people who are persecuted because of their sexual orientation, ethnicity, and more. 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.
Deportation & Removal
Deportation/removal is a process used by the US government to remove individuals form the United States. The sharp rise in the number of undocumented immigrants in the United States has inevitably resulted in an increasing number of deportation and removal attempts by the US government. The legal framework associated with deportation is notoriously complex and there may be grounds to appeal a decision to deport you. Contact our team to discuss your specific circumstances.
Know Your Rights
Deportation/removal is a process used by the US government to remove individuals form the United States. Our attorneys are familiar with this process and are passionate advocates for immigrant rights.
Deportation & Removal
If you or a non-US 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.
Refugees and Asylum Seekers to the United States from India
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 on account of 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 be able to apply for permanent residency one year after you are granted asylum.
Asylum & 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.
Asylum & 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. Sexual orientation is considered under the belonging to a persecuted social group under the broad asylum & refugee categories. 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. Same-sex marriage has been legal in the United States since 2013 and members of the LGBTQ+ community are eligible for fiancée and spousal visas, as well as other family-based immigration pathways.
Davies & Associates proudly represents LGBTQ+ clients in asylum cases and with deportation defense. Click here to read about the experiences of some of our clients.