Indianapolis Asylum Lawyer

How to Become Eligible for Asylum 

To be eligible for asylum, applicants must meet specific criteria set forth by immigration laws. They must demonstrate that they face persecution or have a well-founded fear of persecution for one of the five protected grounds. The burden of proof lies with the applicant establishing their eligibility through credible evidence and testimony. Additionally, asylum applications must be filed within one year of arriving in the host country, although there are exceptions under certain circumstances. 

Steps in the Asylum Process 

Understanding the asylum process involves recognizing the two main pathways through which asylum can be sought: the affirmative asylum process and the defensive asylum process. Each pathway has its own procedural steps and requirements, and knowing the difference is crucial for applicants and their advocates. 

Affirmative Asylum Process 

The affirmative asylum process is initiated by individuals who are not currently in removal proceedings and voluntarily apply for asylum through U.S. Citizenship and Immigration Services (USCIS). 

The process includes: 

• Filing the Application: The asylum process typically begins with filing Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). 
• Biometrics Appointment: Applicants are required to attend a biometrics appointment where their fingerprints and photographs are taken. 
• Asylum Interview: Following the biometrics, an in-person interview with an asylum officer is scheduled. During the interview, the officer assesses the applicant’s eligibility and credibility. 
• Decision: After the interview, a decision is made. If approved, the applicant receives asylum status and can apply for certain benefits and, eventually, permanent residency. If denied, the applicant may be referred to an immigration judge for removal proceedings. 

Navigating the asylum process can be complex and fraught with challenges. Legal representation by a knowledgeable Indianapolis immigration attorney can significantly improve an applicant’s chances of a successful outcome. Our immigration attorney provides legal assistance in Russian, Greek, Bulgarian, Spanish, Urdu, Punjabi, and Hindi.

Defensive Asylum Process 

The defensive asylum process is initiated when an individual is placed in removal proceedings and applies for asylum as a defense against deportation. 

The process includes: 

• Initiation of Removal Proceedings: When an individual is placed in removal proceedings due to their immigration status, they may apply for asylum defensively to prevent deportation. 
• Filing with Immigration Court: The individual must file Form I-589 with the immigration court and present their case during a hearing. 
• Immigration Judge’s Hearing: During this hearing, the applicant must provide evidence and testimony to support their asylum claim. The lawyer will defend the applicant's position before the immigration court, and the judge will decide whether to grant asylum. 
• Appeals: If the immigration judge denies the application, the applicant has the right to appeal the decision to the Board of Immigration Appeals (BIA) and, if necessary, to federal courts.  

While awaiting the processing of an asylum application, asylees can apply for both a work permit and a Social Security number, allowing them to support themselves financially. Once asylum is granted, asylees gain critical protection and a range of benefits, including the right to live safely in their host country without fear of persecution. Access to healthcare, education, and other essential services further empowers asylees to build a stable and secure future. 

After one year of being granted asylum, asylees can apply for permanent residency (a green card), and eventually, they may be eligible to apply for citizenship. 

Call our knowledgeable Indianapolis asylum attorney at (317) 743-7958 or reach out online right now.