In order to even be considered for affirmative asylum, an applicant must first be present in the United States. Thus, if an applicant’s petition is denied, he or she could face deportation.
A Naperville resident must submit their application for asylum within one year of his or her arrival in the United States. The first form applicants must complete and mail is Form I-589, called an Application for Asylum and Withholding of Removal. Because a denial of the petition could mean deportation, it may be prudent to seek the advice of a Naperville asylum attorney before sending the paperwork to USCIS.
After USCIS receives the Form I-589 and the supporting evidence, the adjudicator’s approach may be to first determine whether the petitioner qualifies as a refugee. The definition for a refugee has been codified by the Immigration and Nationality Act (INA) §101(a)(42)(a).
If the adjudicator deems that the applicant does not qualify as a refugee within the meaning proscribed by the INA, he or she may refer the petitioner to immigration court for possible deportation. Conversely, if the asylum officer approves the petition, he or she may schedule an interview for the refugee with USCIS. An asylum lawyer in Naperville may be a valuable advocate in preparing an aspiring applicant for immigration court or an interview.