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Immigrants are often in a precarious situation, whether they are lawful permanent residents or undocumented. If you’re facing removal proceedings, an excellent Denver asylum attorney can argue for asylum, which means you fear to return to your home country and need protection in the United States.
How Does It Work?
Ordinarily, in order to file for asylum and withholding of removal, you need to submit Form I-589 to the U.S. Citizenship and Immigration Services (USCIS). After the department has processed it, you will need to attend an interview at a USCIS asylum office. If the interviewing officer doesn’t grant asylum, you will be referred to immigration court to present the application all over again. However, if you are already in legal proceedings, you have to skip this step and file your request for asylum with the immigration judge.
Grounds for Approval
Asylum is given to people who can prove they are unable or unwilling to return to their country of origin because of past persecution or because they have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Persecution involves harassment, punishment, injury, oppression, or other suffering (physical and psychological). Immigration law doesn’t list specific examples of abuse that would qualify someone automatically for asylum, but it can include:
- Detention or imprisonment
- Denial of fundamental human rights / freedoms
- When a government allows these practices to happen without intervening, this is also grounds for asylum.
Reasons Asylum Could Be Denied
Some people may still be denied asylum for various reasons, such as:
- Assisting in the persecution of others
- Being a threat to U.S. safety or security
- Being already “firmly resettled” in another country
If anyone has persecuted other people similarly to how they will be treated when they go back to their country of origin, the U.S. government will deny their application. For example, this denial has been used on military or police officials who helped harass or murder minority or guerilla groups. Likewise, anyone who has committed a serious crime in the United States may be denied asylum on the basis that they might commit a similar crime again.
Our Denver Asylum Attorney Is Skilled in Deportation Defense
If you think you may be eligible for asylum, talk to our excellent Denver deportation defense lawyer. Brian Musell has many years of experience defending his client’s rights in court. Mr. Musell has dedicated his career to advocating for social justice and defense, and he is motivated to help people who need a second chance. Let us talk to you about your case.