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What is the process for claiming asylum?

Chicago Immigration Law Office

There are many ways to immigrate to the United States. If you want to live in Illinois, you need to find the right path for your family. One option is to seek asylum, but do be aware that this option is not available for everyone. You must meet specific requirements, according to the American Immigration Council, and follow the right pathway to claim asylum.

The nice thing about asylum is that it gives you the chance to live in the country permanently without concern over deportation. You may only seek it if you meet the definition of refugee in the sense that you cannot return to your home country because of prosecution. Your home country cannot offer you protection against prosecution and you have no doubt returning would put you at risk. You must prove you are a refugee under this definition. If you are currently in the U.S., you have to seek asylum within one year.

You may seek asylum in two ways. Affirmative asylum is when you apply for it through U.S. Citizenship and Immigration Services. The other options is defensive asylum where you file with the Executive Office for Immigration Review. Your case goes in front of an immigration judge. This is a defense against deportation, so the court handles it in such a way.

Keep in mind that you have to prove your case. If you do not meet the requirements, you cannot get asylum. Another note is that if you are seen as a danger to the U.S. in any way, authorities will also deny your claim. This information is for education and is not legal advice.

Chicago Immigration Law Office
Francis Law Center - Immigration Law
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