Giselle M. Rodriguez is a Boston immigration lawyer in Jamaica Plain who helps clients with the full range of immigration challenges, including asylum. She is bilingual (English & Spanish). Contact Giselle for a free consultation today, or read on to learn more.
The world of asylum might sound complex and troublesome – but with the help of an immigration attorney asylum may be a potential pathway to legal permanent residency and citizenship/naturalization.
There are two types of asylum you can apply for both depend on whether you are currently in removal proceedings: 1) affirmative asylum; 2) defensive asylum. Affirmative asylum will likely apply to you if you are currently NOT in removal proceedings. On the other hand, defensive asylum will likely apply to you if you ARE in removal proceedings.
Keeping the two types of asylum processes in mind, it is important to also know that there are other protections often sought in conjunction with an asylum claim: 1) Withholding of removal; 2) Relief under the Convention Against Torture (CAT).
The above two forms of protections are not a pathway to legal permanent residency, like asylum may be, but may be protections afforded to you nevertheless. However, both forms of protection carry a higher burden of proof.
Now, more on asylum. In order to succeed on an asylum claim, the person claiming asylum must show persecution based on one or more of the five protected grounds:
- Membership in a particular social group
- Political opinion
Often, the first step in applying for asylum is submitting Form I-589 Application for Asylum and for Withholding of Removal. However, the application MUST be submitted within one year of the claimant’s United States arrival.
There are exceptions to the one-year requirement: 1) Changes in personal circumstances; 2) Extraordinary circumstances.
We understand that the asylum law process could be overwhelming and intimidating – that is why the Law Offices of Giselle M. Rodriguez is here to help and always at your reach to answer any questions you may have.
If you’ve got an asylum challenge and are located in the Boston area, contact Giselle M. Rodriguez today to discuss your situation.