Asylum

Those immigrants seeking asylum in the United States may be able to receive protection from our government. F&D assists clients seeking asylum for various reasons through a number of avenues, including:

Asylum application

 F&D prepares detailed applications for refugees and those fleeing persecution with the expert attention and care these petitions require.  All cases are kept confidential but forcefully argued and pushed with the government.

Asylum Interview

We will accompany you and effectively represent you and this administrative hearing with the goal of approving your application for asylum, in advance of court proceedings.

Immigration Court

F&D’s attorneys will be with you at every step of the way for every court hearing. Court proceedings may last for a number of years, but rest assured you will feel secure throughout the entire process.

BIA Appeal

BIAs are appeals processed at the Board of Immigration Appeals. Cases are assessed by our senior attorneys only for the strongest available appellate arguments.  F&D also offers additional case processing and counseling.

9th Circuit Appeal

These appeals are processed at the United States Court of Appeals. Cases are assessed by our senior attorneys only for the strongest available appellate arguments. F&D also offers additional case processing and counseling.

SJIS – Under 21 Minor Special Status & TVPRA – Under 18 Minor Asylum Application

Asylum applicants who are under 21 years of age may qualify for SJIS or TVPRA status, which also offers protection for those facing removal from the United States. Please schedule an office appointment to discuss with one of F&D’s immigration specialists.

I-730 Petition for Family Member

This application form is utilized to process close family members of asylum granted refugees. The application usually processes in 6-12 months after the date of the initial asylum applicant’s approval.

I-131 Refugee Travel Passport

This type of application is readily available to those asylum applicants given refugee status either at the asylum office or at Immigration Court. It gives people the ability to travel any place in the world via a United States government-issued and sealed travel passport. Once your asylum has been approved, there is no need to travel on your own country’s passport.

I-589

This application is used to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). This application may also be used to apply for protection under the Convention Against Torture.

42A

An immigration judge may use discretion to grant cancellation of removal for a respondent who holds legal permanent resident status if they present sufficient evidence of 7 years of continuous physical presence in the United States, criminal record devoid of aggravated felony convictions, and hardship on U.S. Citizen spouse and/or children.

42B

An immigration judge may use discretion to grant cancellation or removal if the respondent presents sufficient evidence of 10 years of continuous physical presence in the United States, hardship on U.S. citizen spouse and/or children, and good moral character.

Detention

Our attorneys will immediately apply for a bond so our clients may be released from ICE custody pursuant to a court order.

Removal Proceedings

The removal proceeding happens when the government starts the process for an order of removal. In this case, an immigration judge or officer will determine whether you can remain in the United States. Removal proceedings begin with an initial hearing, known as a master calendar hearing and then progress to an Individual Hearing where the defense is evaluated.

SIJS

A probate court or family court may find a child (under 21 years old) eligible for this classification if the child was abused, abandoned, or neglected by their parents. After the attorney successfully obtains SIJS classification, the child is eligible to concurrently apply for the I-360, Special Immigrant (as a juvenile declared a dependent in juvenile court) & the I-485, Application for Lawful Permanent Residency in the United States. Cancellation of Removal/10 years in USA.

In-Court Adjustment

When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485, instead of USCIS. A judge may not evaluate an adjustment of status application in the same way that USCIS would evaluate it under normal circumstances.

I-730

Using this Form, Refugee/Asylee Relative Petition, a person who has been granted asylum or refugee status in the United States (the petitioner) may petition to have his or her spouse and/or unmarried children, who are called beneficiaries, join him or her in the United States.

Frequently Asked Questions

Who qualifies for asylum in the United States?

People who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. You must generally apply within one year of arriving in the U.S.

What is the difference between affirmative and defensive asylum?

Affirmative asylum is filed with USCIS when you are not in removal proceedings. Defensive asylum is claimed as a defense in immigration court when you are in removal proceedings or when USCIS refers your case to a judge. F&D handles both.

What happens if I miss the one-year asylum filing deadline?

Late filings may still be accepted if you can demonstrate changed circumstances affecting your eligibility or extraordinary circumstances relating to the delay. An attorney should evaluate your specific situation before you assume you are barred.

Can my family join me if I am granted asylum?

Yes. Within 2 years of being granted asylum, you can file Form I-730 to petition for your spouse and unmarried children under 21 to come to the United States.

What is cancellation of removal and how is it different from asylum?

Asylum is based on persecution in your home country. Cancellation of removal (42B) is based on your length of time in the United States and ties to the country — it does not require a persecution claim. US citizen minor child required with either extraordinary ability or a medical hardship. 42A is applicable if you are already a permanent resident and being deported due to criminal history, which can be reduced to save your green card. F&D evaluates all available defenses for clients in removal proceedings.

Can F&D represent someone who is currently detained by ICE?

Yes. F&D can file for an emergency bond hearing to seek release from ICE detention while the underlying case proceeds. Contact the firm immediately for detained clients.

What is Special Immigrant Juvenile Status (SIJS)?

SIJS is an immigration classification for children under 21 who have been abused, abandoned, or neglected. It requires family, immigration, and probate court findings and, once obtained, child is subject to a waiting period before applying for a green card. F&D represents minors through the whole process.

How long does an asylum case take in Los Angeles?

Affirmative asylum cases at the Los Angeles Asylum Office have significant backlogs — wait times for interviews have ranged from months to several years. Defensive asylum cases in Los Angeles Immigration Court face similarly long dockets. An attorney can advise on current wait times and any available expedite criteria.
F&D is proud to offer our clients a creative, cost-effective, and hands-on approach to their legal needs.
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