When seeking asylum in the United States, there are two ways that refugees or asylum seekers can apply. The first is called “affirmative” asylum application. Though the nature of seeking asylum can place intense pressure on the applicant, the process itself can be a bit tricky to those who have little or no knowledge of U.S. law. If you are seeking refuge through the affirmative process, contacting a St. Louis affirmative asylum lawyer could increase your chances for success in this process. The attorneys at Hacking Law Practice, LLC are dedicated to helping through this process and beginning this new chapter in your life.
Affirmative asylum is the term reserved for applicants who come to the United States specifically for asylum. Unlike “defensive asylum” applicants are not seeking asylum due to a lapse in another form of immigration status, but rather finding refuge is their original intent upon coming into the country.
A person who has been granted asylum may receive certain benefits in the U.S. For example, these individuals could apply for Medicaid or Refugee Medical Assistance. They are also allowed to work in the United States, bring family members into the country, and request time to travel to other countries. After being the recipient of asylum for a full year, an individual may have the option to apply for a green card, or Legal Permanent Resident status.
In these cases, the law and process can be more forgiving. Still, it is important to retain a St. Louis attorney when going through the affirmative asylum application process. A legal professional could review an immigrant’s case and determine if they are eligible to apply through this process.
To seek asylum, international law requires that a person be persecuted or in reasonable danger of future persecution. This persecution can be for a variety of reasons, including the applicant’s race, their membership in a social or ethnic group, or their political or religious beliefs.
A person applying for affirmative asylum should include information why they are being persecuted or are in danger of being persecuted in their application. They should also provide evidence that the party who is persecuting them has knowledge of the applicant and has the ability to cause them harm.
For some, it may be difficult to determine what constitutes strong evidence of persecution. Fortunately, a St. Louis lawyer could help an immigrant determine what evidence to include in their affirmative asylum application.
In some cases, a person’s application for asylum may be denied. Unfortunately, this means that the applicant could be moved into proceedings for deportation or removal from the country. However, if this happens the asylum seeker may once again apply for affirmative asylum through the defensive process, in which a judge will hear arguments for and against their application and then decide whether or not to grant the status to them. If an immigrant’s affirmative asylum application has been denied, a lawyer in St. Louis could help them prepare for these proceedings and work with them to avoid deportation.
If you are in danger of being persecuted in your home country, contact a St. Louis affirmative asylum lawyer. When Drawing from our experience and legal knowledge, we could help you put together an application that has a better chance of being accepted. To get started on your case, call today.