What is the difference between affirmative asylum and defensive asylum?

Affirmative asylum is an application for humanitarian protection filed with U.S. Citizenship and Immigration Services before being placed in removal proceedings. You would seek affirmative asylum once you are physically present in the United States but not facing deportation proceedings in order to proactively obtain asylee status. You can apply for a Green Card, which confers lawful permanent resident status, a year after you have been granted asylum on an affirmative basis. If you wait until you are facing deportation proceedings to seek asylum, you go through a different process known as the defensive asylum process. You can still be granted asylum, but the path to obtaining this form of relief is riskier and involves going before an immigration judge in Immigration Court. If the judge denies your defensive asylum request, an order of removal may be issued. You still have a right to appeal the judge’s decision, but you need to act quickly.

Can I still apply for asylum if I’ve been in the U.S. for more than a year?

Generally, you must apply for asylum within one year of arriving in the U.S. However, there are important exceptions. You may still qualify if you can show that circumstances have changed, such as conditions in your home country worsening. You can also qualify for asylum despite missing the one-year deadline if you can demonstrate that extraordinary circumstances, such as serious illness, trauma, or ineffective assistance of counsel, prevented timely filing. If you miss the deadline but still fear persecution, you may still qualify for withholding of removal or protection under the Convention Against Torture (CAT). Both of these options can stop deportation even if asylum itself is time-barred.

Can I win CAT protection even if I have a criminal record?

Yes, protection under the Convention Against Torture (CAT) can still apply even if you have a criminal conviction. Unlike asylum or withholding, CAT protection has no statutory bars. If you can prove that it is more likely than not that you would be tortured by, or with the consent of, a public official in your home country, the immigration judge must grant relief. Depending on your record, you may qualify for either withholding of removal under CAT or deferral of removal (a temporary form of protection). CAT does not provide permanent status, but it prevents deportation to a country where you would face torture or severe mistreatment. With an attorney’s guidance, you could explore any options that may be available to help you seek permanent status in the United States in spite of having a criminal record.

Do asylum seekers have a right to a lawyer?

Yes, people seeking asylum have the right to hire an experienced immigration lawyer, and they should exercise that right. Having a dedicated lawyer can help you navigate the legal process, prepare applications, and represent you in court hearings. However, the government will not appoint or provide a lawyer for you. It is up to you to find a suitable attorney and pay to retain them. When choosing an immigration asylum attorney, you should consider factors such as court experience, knowledge of the nuances of asylum and deportation defense, empathy, compassion for clients, and a track record of success securing clients relief from deportation proceedings.

Can an asylum seeker apply for a work permit?

Yes, an asylum seeker can apply for a work permit, also known as an Employment Authorization Document (EAD). You may file Form I-765 with USCIS online or by mail. However, you must wait until your asylum application has been pending for a specific amount of time before you can file for the work permit. Generally, you may file Form I-765, Application for Employment Authorization, no earlier than 150 days after filing your asylum application. An EAD cannot be issued until your asylum application has been pending for a total of 180 days. Any delays in the asylum application process, such as rescheduling or failing to appear for an interview or biometrics appointment, may further delay your eligibility to receive an EAD. The outcome of your asylum case can further impact employment authorization. If you are granted asylum, you are immediately authorized to work and will be mailed an EAD automatically. However, if you are denied asylum, your employment authorization will end when your EAD expires or 60 days after the denial, whichever is later. At Smit Law Group, we understand both the specifics of applying for asylum and the process of seeking work authorization. We can help you apply for both asylum and a work permit while your asylum application is being processed, as well as advise you on whether you have authorization to work in the U.S. at every point of your immigration journey.

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When Deportation Could Leave You Facing Persecution in Your Country of Origin, Trust an Experienced Immigration Asylum Attorney in Reno, NV, to Be Your Advocate

Across the globe, individuals and families face persecution, violence, and even torture in their countries of origin. In some instances, public officials themselves authorize or consent to such treatment, while in other cases, the foreign government is simply not strong enough or effective enough to provide meaningful protection. A legal basis exists for people facing persecution in their home countries to remain safely in the United States, and a Reno asylum lawyer from Smit Law Group can help you seek this protection, even if you’re currently facing deportation proceedings.

You don’t have to face this difficult situation alone. At Smit Law Group, we’re here to help. With the guidance of Margaretha Smit, an attorney who understands the challenges you’re facing as an immigrant herself and who can provide multilingual client service to overcome language barriers, you have the resources you need to put forward the most effective arguments possible for being granted asylum.

The time you have to move forward with seeking asylum is limited, and the stakes are high. The sooner you contact us to get started with your initial consultation, the better we can support your efforts to receive much-needed protection.

Understanding Asylum and Immigration Relief in Reno, NV

Seeking asylum is too important a situation to leave to chance. With a Reno asylum lawyer on your side, you can assess all of your options and begin the process of seeking humanitarian protection and deportation relief with every advantage at your disposal.

What Is Immigration Asylum?

No person should be forced to return to a home country where torture or persecution await them. Asylum is a type of humanitarian protection that allows individuals who fear persecution in their home country to stay in the United States and to lawfully live here, work here, and apply for a Social Security number and U.S. travel documents. After being granted asylum, you will eventually qualify to apply for a Green Card that would grant you permanent status in the U.S.

To qualify for immigration asylum, you must demonstrate that you have a “well-founded fear” of persecution based on an attribute like the following:

Race
Religion
Nationality
Political opinion
Membership in a particular social group

Being granted asylum can protect your safety and even save your life. Because of the high stakes, our team at Smit Law Group takes asylum applications extremely seriously, especially when you’re pursuing asylum as a form of removal defense.

Your future deserves attention today. Call 775-993-2235 or contact our team to schedule a consultation. We’re here to help you move forward with confidence.

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775-993-2235

Asylum Relief, CAT Asylum, and Withholding of Removal

Asylum is an important avenue for providing humanitarian protection, but it’s not the only form of relief that could be available when you’re facing possible deportation, especially to a country of origin where your safety is at risk. With an attorney who understands all the ins and outs of immigration law exploring your options for relief, you can make the right choice for your legal protection and immigration journey.

Another type of relief you might be eligible for is withholding of removal. This more limited form of humanitarian protection prevents deportation to a country where the person is “more likely than not” to be persecuted, but it does not lead to permanent residence. While asylum is granted at the discretion of an immigration judge, withholding of removal for those who qualify is not discretionary. The judge must grant this protection to those who meet the standard, but withholding of removal offers immigrants fewer long-term benefits.

A United Nations treaty implemented in U.S. law through 8 C.F.R. §§ 208.16-208.18 establishes a separate international protection under the Convention Against Torture (CAT). Although CAT is technically not asylum, this protection is sometimes referred to as “CAT asylum” because this protection can also be used to prevent deportation to a dangerous country of origin.

To qualify for protection under CAT, you must show that it is more likely than not that you would be tortured by, or with the consent or acquiescence of, a public official or person acting in an official capacity if you are returned to your home country. As long as you meet this standard, the immigration judge overseeing your case cannot deny CAT protection. CAT relief can lead to withholding of removal or, for those with serious criminal convictions or security concerns, deferral of removal.

Steps in the Asylum Application Process

The steps of the process of seeking asylum differ depending on whether you are seeking this protection affirmatively (without being placed in removal proceedings) or defensively (as relief sought from deportation proceedings).

The Process of Seeking Affirmative Asylum in Reno, NV

If you’re seeking asylum proactively, before being placed in removal proceedings, you go through a different process to do so. You will begin by filing the Application for Asylum and for Withholding of Removal (Form I-589) with U.S. Citizenship and Immigration Services (USCIS). You should submit this form within one year of your arrival in the United States unless you qualify for an exception.

Once your application is processed, you will be notified to appear at an Application Support Center (ASC) to have your fingerprints and photograph taken for security checks. There is an ASC located in Reno, and our firm has extensive experience helping clients understand what is expected of them, meet their obligations, and prepare for every stage of the process.

The next step in the affirmative asylum process is participating in a non-adversarial interview at a USCIS asylum office. For affirmative asylum seekers in Reno, NV, this is typically held at the USCIS San Francisco Asylum Office, which is the closest dedicated Asylum Office. During this interview, you will be asked to tell your story and answer detailed questions. We can help you prepare for this interview and advise you on what to expect.

Your asylum case ends when an asylum officer determines whether or not you meet the definition of a refugee. If so, you will be granted asylum. If not, you will then go before a judge in Immigration Court and face defensive asylum proceedings.

Seeking Relief for Deportation Proceedings Through Defensive Asylum

In Reno and throughout Northern Nevada, clients often apply for asylum defensively. Asylum is frequently one of the primary forms of relief from removal in our region.

The defensive asylum process begins much like other deportation cases. The immigrant, called a “respondent” in the legal process, receives a Notice to Appear that places them into removal proceedings. At the master calendar hearing, which is the first hearing in Immigration Court, the respondent (or ideally, their attorney) informs the judge of the intention to apply for asylum and submits Form I-589.

A defensive asylum case will typically proceed to an individual or merits hearing, in which the respondent’s deportation defense attorney and Immigration and Customs Enforcement (ICE) counsel present their testimony and evidence before the immigration judge. The judge decides whether asylum is granted. If so, you won’t be deported, and you will be eligible to apply for a Green Card and permanent residency after a year through Adjustment of Status. If the judge denies asylum, an order of removal will be issued. However, you have a right to appeal the decision and consider other forms of protection, such as withholding of removal or CAT asylum.

Having a Reno asylum lawyer on your side is critical when you’re facing potential deportation to a country where you would be in danger because of your race, religion, nationality, or political opinion. By understanding the specific risks you’re facing, we can assess your eligibility for all types of humanitarian protection and other forms of relief from removal proceedings and advocate for the outcome that best protects you.

The Importance of Having an Immigration Asylum Attorney in Reno, NV, Advocating for You

Asylum and related forms of relief are among the most complex and fact-intensive areas of immigration law. This isn’t a matter you can handle on your own. You need and deserve compassionate help and knowledgeable legal support from a Reno asylum lawyer.

Nationally, only a small percentage of asylum seekers have their applications approved. Strict evidentiary and credibility standards make these standards hard to win and necessitate professional legal guidance. A careful, calculated analysis can help us identify all avenues available to you and begin building every aspect of your case for success, from determining the next steps to preparing you to testify effectively and gathering evidence that supports your application for asylum.

How Smit Law Group Can Help

In seeking asylum or other forms of relief from removal proceedings, strong documentation, credible testimony, and skilled legal advocacy can mean the difference between removal to a country where you’re at risk and the safety of remaining in the U.S.

Here’s what we can do for you:

Listen to your unique situation to identify all potential options available to you, from asylum to protection under CAT
Develop a strategy personalized to your circumstances to secure the most favorable outcome possible when you’re facing deportation to a home country where you’re in danger
Gather evidence and documentation to meet standards that would qualify you for asylum, withholding of removal, or CAT
Help you prepare paperwork, such as the Application for Asylum and Withholding of Removal (Form I-589)
Prepare you for hearings, so you understand what to expect and what is required of you in court
Represent you in Immigration Court and present testimony and evidence in your favor before the judge
Argue for granting you asylum, CAT protection, or another form of relief

With Smit Law Group on your side, you’ll have the knowledge, skills, and resources you need to pursue an outcome that protects your safety.

Why Choose Smit Law Group as Your Reno Asylum Lawyer?

When you need an immigration asylum attorney in Reno, NV, turn to Smit Law Group for legal counsel that understands the stakes, the challenges, and your legal options. Our law firm has a well-established reputation for providing compassionate, effective representation for those fleeing persecution.

Empathy through experience: As an immigrant herself, attorney Margaretha “Greta” Smit offers a personal understanding of displacement and hope.
Respected advocate: Known for integrity and tenacity, Greta has earned the trust of local immigration judges and officials.
Language access: Fluent in English, Spanish, Dutch, German, and French, Greta helps clients share their stories clearly.

We stand with you from application to final decision, protecting your right to safety.

Contact a Reno Asylum Lawyer at Smit Law Group Today for Your Initial Case Evaluation

Seeking asylum requires courage and a lawyer who truly understands your story. We understand the risks you’re facing, and we’ll fight for everything that matters.

If you fear returning to your home country due to persecution or torture, you may have multiple legal protections available. Whether the right option for you is applying for humanitarian refuge and a path to permanent residency or seeking CAT relief in the face of likely torture, your first step to accessing these protections is with the help and guidance of an experienced legal advocate.

For help from an immigration asylum attorney in Reno, NV, contact Smit Law Group online or call 775-993-2235 today.

Frequently Asked Questions About Immigration Asylum in Reno, NV

Affirmative asylum is an application for humanitarian protection filed with U.S. Citizenship and Immigration Services before being placed in removal proceedings. You would seek affirmative asylum once you are physically present in the United States but not facing deportation proceedings in order to proactively obtain asylee status. You can apply for a Green Card, which confers lawful permanent resident status, a year after you have been granted asylum on an affirmative basis.
If you wait until you are facing deportation proceedings to seek asylum, you go through a different process known as the defensive asylum process. You can still be granted asylum, but the path to obtaining this form of relief is riskier and involves going before an immigration judge in Immigration Court. If the judge denies your defensive asylum request, an order of removal may be issued. You still have a right to appeal the judge’s decision, but you need to act quickly.
Generally, you must apply for asylum within one year of arriving in the U.S. However, there are important exceptions. You may still qualify if you can show that circumstances have changed, such as conditions in your home country worsening. You can also qualify for asylum despite missing the one-year deadline if you can demonstrate that extraordinary circumstances, such as serious illness, trauma, or ineffective assistance of counsel, prevented timely filing.
If you miss the deadline but still fear persecution, you may still qualify for withholding of removal or protection under the Convention Against Torture (CAT). Both of these options can stop deportation even if asylum itself is time-barred.
Yes, protection under the Convention Against Torture (CAT) can still apply even if you have a criminal conviction. Unlike asylum or withholding, CAT protection has no statutory bars.
If you can prove that it is more likely than not that you would be tortured by, or with the consent of, a public official in your home country, the immigration judge must grant relief. Depending on your record, you may qualify for either withholding of removal under CAT or deferral of removal (a temporary form of protection).
CAT does not provide permanent status, but it prevents deportation to a country where you would face torture or severe mistreatment. With an attorney’s guidance, you could explore any options that may be available to help you seek permanent status in the United States in spite of having a criminal record.
Yes, people seeking asylum have the right to hire an experienced immigration lawyer, and they should exercise that right. Having a dedicated lawyer can help you navigate the legal process, prepare applications, and represent you in court hearings.
However, the government will not appoint or provide a lawyer for you. It is up to you to find a suitable attorney and pay to retain them. When choosing an immigration asylum attorney, you should consider factors such as court experience, knowledge of the nuances of asylum and deportation defense, empathy, compassion for clients, and a track record of success securing clients relief from deportation proceedings.
Yes, an asylum seeker can apply for a work permit, also known as an Employment Authorization Document (EAD). You may file Form I-765 with USCIS online or by mail. However, you must wait until your asylum application has been pending for a specific amount of time before you can file for the work permit.
Generally, you may file Form I-765, Application for Employment Authorization, no earlier than 150 days after filing your asylum application. An EAD cannot be issued until your asylum application has been pending for a total of 180 days. Any delays in the asylum application process, such as rescheduling or failing to appear for an interview or biometrics appointment, may further delay your eligibility to receive an EAD.
The outcome of your asylum case can further impact employment authorization. If you are granted asylum, you are immediately authorized to work and will be mailed an EAD automatically. However, if you are denied asylum, your employment authorization will end when your EAD expires or 60 days after the denial, whichever is later.
At Smit Law Group, we understand both the specifics of applying for asylum and the process of seeking work authorization. We can help you apply for both asylum and a work permit while your asylum application is being processed, as well as advise you on whether you have authorization to work in the U.S. at every point of your immigration journey.