Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. 

Refugees

Refugee status is a form of protection that may be granted to people who meet the definition of refugee and who are of special humanitarian concern to the United States. Refugees are generally people outside of their country who are unable or unwilling to return home because they fear serious harm. You may seek a referral for refugee status only from outside of the United States.

Asylum

Asylum status is a form of protection available to people who:

• Meet the definition of refugee

• Are already in the United States

• Are seeking admission at a port of entry

You may apply for asylum in the United States regardless of your country of origin or your current immigration status. 

Asylum applications may be considered through an affirmative process with USCIS or a defensive process in removal proceedings, depending on the applicant’s circumstances and procedural posture. Removal proceedings determine removability and possible relief; being placed in proceedings does not itself mean that a final removal order has been entered.

In the affirmative process, eligible applicants submit their claims to USCIS. If asylum is not granted, the next step depends on the applicant’s status, case facts and applicable procedures; it may involve a denial or referral to immigration court. In the defensive process, an applicant seeks asylum as relief from removal before an immigration judge. Not every unsuccessful USCIS application is automatically referred to court.

Individuals are in removal proceedings after being apprehended (taken into custody) in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status. This also applies to those who were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an Asylum Officer.

In both the affirmative and defensive process, individuals have a right to a lawyer. However, unlike the criminal court system in the U.S., the U.S. government does not provide lawyers for individuals in immigration court, even if they are unable to hire a lawyer on their own.

Other forms of protection: Withholding of Removal and CAT

There are other forms of protection in the United States besides defensive asylum. Withholding of Removal and the Convention Against Torture (CAT) are other defenses against removal. The same form (form I-589) is used to apply for Withholding of Removal, CAT, and defensive asylum.

Withholding of removal

Even if you do not qualify for asylum, you may still be eligible for withholding of removal. If you are granted withholding of removal, you will not qualify for a green card but you will be allowed to remain and work lawfully in the United States. To win Withholding of Removal, you must demonstrate that it is more likely than not that you will suffer future persecution if returned to your home country because of your race, religion, nationality, membership in a particular social group, or political opinion. The standard of proof for withholding of removal is higher than for asylum: you need to show that there is more than a 50 percent chance you will be persecuted.

Relief under the Convention Against Torture (CAT)

If you fear torture in your home country, you may qualify for another form of relief under the CAT. You must prove that you are more likely than not to be tortured either directly by the government or with the “acquiescence” of the government if returned to your country of origin. “Acquiescence” generally means the government is aware of the torture but does not try to stop it.

Blumsack & Canzano
In a world of uncertainty, you and your family may want to maximize their choices—both in terms of lifestyle and opportunities. Whatever your motivation, Blumsack & Canzano always has trusted immigration advisors. We deliver comprehensive solutions and a seamless immigration experience for you, your family, and your advisors around the world.

The experienced immigration lawyers at Blumsack & Canzano provide various legal services to employers, employees, individuals, and families in the Boston area and other areas. Immigration issues are complex, and if they are not handled properly, they may have serious impacts. We have an in-depth understanding of immigration law and are committed to providing customers with comprehensive solutions in all areas of immigration law. 

Application fees and employment authorization

Fees, payment requirements and employment authorization validity can change with regulations, policy and court orders. Before filing or renewing, review the current Form I-589 instructions, Form I-765 instructions and USCIS fee schedule, together with any notice applicable to the case.

Coordinating related legal issues

Where violence, coercion or serious harm is involved, clarify the events, dates and available evidence first. Crime-victim immigration options and asylum claims rest on different grounds. For a U-related filing, consult the USCIS Form I-918 instructions. A history of harm alone does not establish eligibility under a particular immigration category.

For a young person, examine safety, caregiving arrangements and the decisions a court has authority to make. An SIJS assessment may need coordination with custody, guardianship or family-court proceedings. Compare the relevant court documents with the USCIS Form I-360 instructions. A state-court order and federal immigration approval are not the same outcome.

Protection-related applications require a chronology consistent with the original evidence. Asylum facts and supporting records should be checked against earlier entry and filing histories. The USCIS Form I-589 instructions help identify filing requirements and procedural routes. Translations, supplements and corrections should be explained clearly rather than changing events merely to make the narrative appear uniform.

Safety arrangements, criminal allegations and child-related issues require separate attention during a family conflict. A domestic-violence-related case does not replace applications or orders in family court. Keep all court documents and use the Massachusetts family-court resources to identify the proceedings involved. In an immediate emergency, seek emergency assistance rather than waiting for a website inquiry to be answered.

A noncitizen facing criminal issues also needs a separate immigration review. Immigration classifications such as aggravated felonies cannot be determined solely from a state offense label. Current status and future applications require consideration of the disposition and complete record. The USCIS green-card category information helps identify the application context, without resolving the consequences of a particular criminal history.

Organize the chronology, recordings and witness information by source. Criminal-case evidence preparation may overlap factually with a civil dispute arising from the same event, but the disclosure rules differ. For the criminal case, review the Massachusetts rule on prosecution discovery before deciding how materials should be requested or used.

School records may affect an appeal, evidence preparation or a later application. Access to and use of education records raises authorization and privacy questions; use in an outside dispute or lawsuit also requires attention to completeness. The Department of Education’s FERPA resources help identify the governing issues. Obtaining a document should not be confused with having unrestricted permission to disclose it.

Begin immigration planning by identifying the application basis and distinguishing petition approval, visa issuance and admission. Permanent-residence eligibility requires a review of the full history, while overall status planning should account for dependents and existing proceedings. Use the USCIS green-card categories to identify the relevant route rather than applying one category’s requirements to another.

Organize identity documents, previous applications and official notices chronologically. Reviewing the filing and status history can reveal inconsistent descriptions; the applicable eligibility category determines which facts need proof. The USCIS green-card application overview provides a starting point, followed by the current instructions for the relevant forms and procedure.

Personal history, marital status and document dates should be accurately presented in a marriage-related filing. Marriage green-card interview preparation may overlap with marriage, divorce and family-document issues. The USCIS guidance on immediate-relative green cards helps identify the application context, while proving the relationship remains separate from meeting other immigration requirements.

For a delayed application, organize receipts, evidence requests, inquiries and documented effects of the delay. USCIS delay issues and consular processing problems require agency-specific analysis. The Department of State’s administrative-processing guidance provides consular context, not a promise of a completion date or a particular litigation outcome.