Asylum and Deportation

To be eligible for asylum, you must demonstrate that you have been persecuted or have a well-founded fear of persecution in your home country based on one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

You can apply for asylum by filing Form I-589, Application for Asylum and for Withholding of Removal, within one year of your last arrival in the U.S. Exceptions to the one-year filing deadline may apply in certain circumstances.

If your asylum application is approved, you are granted asylum status, which allows you to live and work in the U.S. You can also apply for a green card (lawful permanent residence) after one year of being granted asylum.

Yes, you can include your spouse and unmarried children under 21 in your asylum application. If your asylum is granted, they may also be granted asylum.

Asylum is sought by individuals already in the U.S. or at a U.S. port of entry, while refugee status is granted to individuals who apply from outside the U.S. before arriving.

You can apply for work authorization if your asylum application has been pending for at least 150 days and no decision has been made. If granted, you will receive an Employment Authorization Document (EAD).

If your asylum application is denied by USCIS, you may be placed in removal (deportation) proceedings, where you can renew your asylum application before an immigration judge. If denied by an immigration judge, you can appeal to the Board of Immigration Appeals (BIA).

Yes, you can apply for asylum as a defense to removal during your immigration court proceedings.

Yes, there are exceptions to the one-year filing deadline, including changed circumstances that affect your eligibility for asylum or extraordinary circumstances that prevented you from filing on time.

Deportation, also known as removal, is the process by which the U.S. government orders an individual to leave the country because they have violated immigration laws or are otherwise ineligible to remain in the U.S.

Common reasons for deportation include overstaying a visa, violating the terms of a visa, committing certain crimes, entering the U.S. without proper documentation, or being found inadmissible at a port of entry.

Yes, there are several defenses against deportation, including applying for asylum, Cancellation of Removal, adjustment of status, and other forms of relief depending on your situation.

Cancellation of Removal is a form of relief that allows certain non-citizens to avoid deportation and obtain a green card if they meet specific eligibility requirements, such as having been in the U.S. for a certain number of years, having good moral character, and demonstrating that deportation would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member.

Yes, if an immigration judge orders deportation, you can appeal the decision to the Board of Immigration Appeals (BIA). If the BIA denies your appeal, you can further appeal to the U.S. Circuit Court of Appeals.

During a deportation hearing, an immigration judge will review the charges against you, hear your defense, and decide whether you should be deported or allowed to remain in the U.S. You have the right to legal representation, though the government does not provide a lawyer.

A stay of removal temporarily halts the deportation process. It can be granted by the BIA, the immigration judge, or in some cases, by filing a request with Immigration and Customs Enforcement (ICE).

Voluntary departure allows an individual to leave the U.S. on their own terms within a specified period, avoiding the consequences of a formal deportation order. It must be requested and granted by the immigration judge or ICE.

If deported, you will be removed from the U.S. and may be barred from re-entering for a certain period, typically 5, 10, or 20 years, or permanently, depending on the circumstances. In some cases, you may apply for permission to re-enter after deportation.

Marrying a U.S. citizen does not automatically stop deportation. However, you may be able to apply for adjustment of status based on the marriage, provided the marriage is legitimate and meets the legal requirements. An immigration judge would consider this as part of your case.