Adhami Law Group
Welcome to another informative episode of the VivaVisa Podcast by Adhami Law Group. Today’s focus is on asylum in the US, a life-changing legal process designed to protect individuals who fear persecution if they return to their home countries. Attorney Kousha, an immigrant who understands the complexity and emotional toll of seeking refuge, joins host Amir to discuss the difference between affirmative asylum and defensive asylum, the credible fear interview, and removal proceedings. Whether in California or anywhere else, you’ll learn the importance of early legal counsel and how our firm embodies the slogan, “From Fear to Future,” through comprehensive support for each client.
What is Affirmative vs. Defensive Asylum?
Affirmative Asylum
Definition: This process occurs before the U.S. Citizenship and Immigration Services (USCIS). Typically, it applies to those who have entered the country legally and then apply for asylum.
Key Steps:
- Submit Form I-589 (Application for Asylum).
- Attend an interview with an Asylum Officer at USCIS.
- Await an approval or denial. If denied, the case often gets “referred” to Immigration Court.
Defensive Asylum
Definition: Occurs when an individual is in removal proceedings before an Immigration Court under the Department of Justice. Here, the person is “defending” their right to remain in the U.S.
Key Steps:
- Appear before an Immigration Judge after receiving a Notice to Appear (NTA).
- Present your asylum claim as a defense against deportation.
Crossing the Border & Credible Fear Interviews for Asylum in the US
One of the most pressing questions is whether crossing the U.S. border to seek asylum is legal. According to Attorney Kousha, individuals can present themselves to an immigration officer at a port of entry if they have a well-founded fear of returning to their home country. Here’s how it works:
Presentation at the Port of Entry
- Tell the officer you wish to seek asylum.
- The officer initiates a credible fear interview to determine if you meet the baseline criteria for asylum.
Credible Fear Interview
- Focuses on whether your fear of persecution is credible under U.S. asylum laws.
- If you pass (“positive credible fear”), you proceed to the next step in Immigration Court or, for some unaccompanied minors, back to USCIS.
- If “negative,” you may request a review by an Immigration Judge.
Detention Policies
- Some individuals are released on their own recognizance.
- Others may remain in custody pending a bond hearing or must secure a sponsor.
Why Legal Representation Matters
Immigration law is one of the most intricate fields in the U.S., next to tax law. If you are in detention or navigating an asylum case on your own, your chances of a successful outcome significantly decrease. An attorney can:
- Prepare you for the credible fear interview.
- Gather crucial documentation, including police reports or witness statements, if available.
- Represent you in Immigration Court, helping you avoid simple mistakes that can lead to denial.
What Happens After a Positive Credible Fear Interview?
Many people mistakenly assume that a “positive credible fear” equals an outright grant of asylum, but it only qualifies you to apply for asylum in Immigration Court. To be granted asylum, you must prove past or potential future persecution based on race, religion, nationality, membership in a particular social group, or political opinion. At times, if the applicant starts with affirmative asylum and is denied by USCIS, the process continues in Immigration Court.
Removal Proceedings vs. Deportation Orders
Removal Order
- A formal order from the Immigration Judge stating that you must leave the U.S.
- You may still have appeal options like the Board of Immigration Appeals or federal courts.
Deportation
- The physical act of being removed from the U.S.
- Follows a removal order if no other relief or appeals succeed.
If you have a prior removal order, do not lose hope. It may be possible to reopen your case, file a motion to reconsider or apply for specific waivers.
Special Immigrant Juvenile Status (SIJS)
While not covered in detail in this podcast, SIJS is another pathway for certain minors who have been abused or neglected. If you or someone you know is a minor who needs legal immigration status due to family hardship, contact our firm to see if SIJS may apply.
Conclusion
Securing asylum in the US involves intricate steps—from credible fear interviews to potential court hearings. Without professional guidance, you risk missing tight deadlines and making errors that can lead to deportation. At Adhami Law Group, we stand by you, “From Fear to Future™,” offering unwavering support at every stage. By taking swift action, you increase your odds of success and avoid a lengthy, costly process.
For official guidelines and further reading, visit the USCIS Asylum page or the Department of Justice website to learn more about Removal Proceedings.
Ready to start your journey “From Fear to Future”? Contact Adhami Law Group today at www.AdhamiLaw.com or call us at (213) 204-6500. Get professional, empathetic guidance for your asylum or SIJS case now.