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Atlanta Asylum Lawyers

Serving Refugees Here & From Around the World

Asylum protects those who have been persecuted or fear they will be persecuted in their home country. This persecution is generally based on race, religion, political beliefs, or membership in a political or social organization. Asylum allows you to remain in the U.S. It is generally applied to those who flee their home country and come here to escape harm. Anyone granted asylum is referred to as an asylee. Asylum is granted to those who are physically present in this country or who seek to enter it at a port of entry.

How Our Atlanta Immigration Team Can Help With Your Case

Our immigration team at Velloza & Associates, LLC provides compassionate and competent legal help to asylum seekers from countries all over the world. We can help you navigate the complicated process of obtaining this protection by assembling evidence that will support your claims of potential harm should you be deported to your home country. To increase your chances of a positive outcome, it is highly recommended that you put a knowledgeable attorney on your side. Our Atlanta asylum attorneys are here to help you find the safety and protection you need through U.S. immigration law.

Schedule a confidential consultation with an Atlanta Asylum Immigration lawyer at our firm by email or at (404) 620-6822 today.

How to Seek Asylum in the U.S.

To seek asylum in the U.S., you must:

  • Be physically residing here
  • Have proof of persecution or fear of persecution in your home country
  • Have been in the U.S. for under a year

Asylum provides many benefits, including allowing you to include your spouse and children under 21 in the process and providing you with the eligibility to apply for a green card after having obtained asylee status for one year. It also allows you to seek permission to work in this country.

Affirmative & Defensive Asylum

Two routes are available for those seeking asylum. They include affirmative asylum and defensive asylum. Affirmative asylum applies to those who are not facing deportation proceedings. Defensive asylum applies to those who are in deportation proceedings pending in court. In these cases, it is used as a defense to fight removal from the U.S.

Affirmative asylum is sought through Form I-589 which must include required evidence and documentation that supports your application. Once your application is received, you will receive a notification advising you about fingerprinting and background checks. You will also be required to have an interview with an immigration official. You have the right to bring your attorney to this interview. You also must bring your spouse and children who are part of the application process. After the interview, a decision will be made as to whether you will receive asylum status.


Refugees are individuals who are not residing within the U.S. who also have suffered persecution or fear of persecution in their home country. To seek U.S. protection as a refugee, you must be referred to the U.S. Refugee Admissions Program. This involves a different process than that for asylum seekers. Velloza & Associates, LLC can advise you on how the refugee process works and assist in helping you seek immigration protections under this program.

How Does the US Define 'Asylum' and Who Qualifies For It?

The U.S. defines ‘asylum’ as a form of protection granted to individuals who can demonstrate that they are unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This definition is based on the 1951 United Nations Refugee Convention and its 1967 Protocol, to which the U.S. is a signatory.

Individuals who meet this definition of a refugee and are already present in the United States or are seeking admission at a port of entry may qualify for asylum. However, asylum is technically a “discretionary” status, meaning that some individuals can be denied asylum even if they meet the definition of a refugee.

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