Asylum
Who does the United States offer Asylum to?
The United States has historically offered various forms of humanitarian protection to persons who for various reasons are unable to return to their home countries, from refugees to victims of crimes including human trafficking and domestic violence. Because the availability of these programs and the policies governing them can be highly volatile—fluctuating in response to everything from wars and crises abroad to shifts in political currents or court rulings in the United States—we highly recommend that you contact our office for the latest information on these or any new programs that may arise in response to current events.
What is defined as Asylum in the United States?
Asylum is a form of protection offered to noncitizens who have been persecuted or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Applications can be filed affirmatively or as a defense to deportation, and your spouse and children who are physically present in the United States as dependents can be included in the application.
Asylum law in the United States has a long history and a large body of legal precedents that govern the outcome of applications, and it is essential to work with legal counsel who understands the law and can help you build a compelling case – please contact our office today to schedule a consultation.
What is ‘DACA’ and what is the application criteria?
DACA, an acronym for Deferred Action for Childhood Arrivals, is a policy that protects and provides benefits for approximately 800,000 young people — known as “DREAMers” — who entered the United States unlawfully as children. The program does not grant them official legal status or a pathway to citizenship, but it does allow them to apply for a driver’s license, social security number, work permit and in some cases, international travel authorization.
Individuals must meet following criteria to apply for DACA: Are under 31 years of age as of June 15, 2012; Came to the U.S. while under the age of 16; Have continuously resided in the U.S. from June 15, 2007 to the present; and are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces. Please contact our office for the latest information on the availability of benefits under this program.
What is a U Visa and how does it apply to victims of crime?
The U Visa is a nonimmigrant visa that allows noncitizen crime victims and certain qualifying family members to live and work in the United States for up to four years, with extensions in some cases. U Visa holders become eligible to apply to adjust status to lawful permanent resident (green card) after three years in U nonimmigrant status. After five years as a lawful permanent resident, one becomes eligible to apply for U.S. citizenship.
A noncitizen may be eligible for a U Visa if they suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity; possesses information concerning that criminal activity; has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and the criminal activity violated the laws of the United States or occurred in the United States.
What other forms of asylum protection are available to non-citizens?
Various forms of protection are available to a wide range of vulnerable noncitizens, including those abused by U.S. citizen or permanent resident relatives (under the Violence Against Women Act (VAWA)), to victims of human trafficking (the T nonimmigrant visa), Special Immigrant Juveniles under the jurisdiction of state juvenile courts, and certain victims of such practices as forced marriage or female genital mutilation. This list is not exclusive, and new programs are often launched in response to current events – please contact our office for the most up-to-date information relevant to your particular situation.
At Buda Law Group, we don’t just provide legal services—we build relationships founded on trust, care, and understanding. Your story matters to us, and we’re honored to help you write the next chapter.
Take the first step toward achieving your goals today. Contact us for a free consultation and let’s begin your journey together.