Atlanta Asylum Lawyer

Types of Asylum Offered in the United States

Three types of immigrant asylum are offered to qualified applicants in the US. The asylum types are affirmative, defensive, and humanitarian asylum.

1. Affirmative asylum is for a person seeking protection and residence in the United States because of the threat and fear of persecution or torture in their home country.
2. Defensive asylum is for someone who has already entered the US and now faces deportation, but there is a credible threat and fear of persecution in their home country. The person may have violated their immigration status, attempted to enter the US illegally, and been caught by US Customs and Border Control.
3. Humanitarian asylum is for refugees that flee their country of nationality and seek asylum in the US because they are unable or unwilling to return to their home country due to past persecution or fear of persecution or torture for reasons of race, religion, nationality, or membership in a particular social group or political opinion.

In all asylum cases, the person must have a “well-founded” or “credible” fear of persecution or torture in their home country to be considered for asylum.

Tadeo & Silva Immigration Attorneys can help you determine which asylum category applies to your situation. Reach out to us today!

How the Atlanta Asylum Process Works

As soon as the USCIS receives your asylum application, it will review it and assign it to an asylum officer, an individual who performs the role of an asylum pre-screening officer (APSO). You will receive an acknowledgment receipt for your application and your asylum officer’s name and contact information. The asylum officer will have the asylum applicant complete the following:

• Background Check
• Fingerprinting
• An asylum interview

What Happens in an Asylum Interview?

You will receive a notice for your interview with the date, location, and time. The asylum officer will talk with you, hear your story, and ask questions. The asylum officer interviewing you will assess three things:

1. Whether you meet the INA’s definition of an asylum seeker or a refugee
2. Whether you have any existing situations that would bar your eligibility for asylum

Certain individuals are automatically precluded from seeking asylum even if they meet the requirements above, including individuals who have:

• Been convicted of a serious crime or a serious nonpolitical crime outside the US
• Been terrorists or could endanger security in the US
• Been offered permanent resident status or citizenship in another country
• Failed to apply within one year of entering the US
• Participated in the persecution of others

1. Whether or not you have a well-founded or credible fear of persecution

At the end of the interview, you or your asylum lawyer may make a statement. Your statement should include any additional details or information you feel is essential to your case.

Applicants will be notified by NOID USCIS if their affirmative asylum petitions are denied or if they are found ineligible, and their cases will be referred to the Atlanta immigration court.

Defensive Asylum Process

When an immigrant is in the process of removal from the United States and requests asylum, the case is referred to the Atlanta Immigration Court. The court will assign a judge in Atlanta Ga to hear the applicant’s petition and reasons for fear of persecution or torture in their home country.

A defense asylum applicant will be removed from the United States if officials determine their claims are not credible.

Humanitarian Asylum Process

Refugees seeking asylum must register with the United Nations High Commissioner for Refugees (UNHCR) in their destination country before being considered for asylum. The UNHCR will determine if they qualify for refugee status.

Asylum applications are received by the Resettlement Support Center (RSC) of the Department of State and prepared for submission to US Citizenship and Immigration Services (USCIS) for review, screening, and interviews.