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Asylum is a form of protection granted by the United States federal government to people who have fled their home country and cannot return because they fear persecution. Asylum law is governed by federal statutes and regulations, and the key legal standards and processes are the same in Burlington as in the rest of the country. That means you will interact with federal agencies - typically U.S. Citizenship and Immigration Services for affirmative applications or the immigration court system if you are in removal proceedings - while relying on local services for legal help, translation, medical and social support. Burlington residents seeking asylum will rely on a mix of federal procedures and local organizations to navigate the process.
Asylum law is complex and mistakes can be costly. A lawyer can provide critical help in many common situations:
- Determining eligibility based on persecution for race, religion, nationality, membership in a particular social group, or political opinion.
- Deciding whether to file an affirmative asylum application with USCIS or to assert asylum defensively in immigration court if you are in removal proceedings.
- Preparing credible, well-documented evidence such as country conditions reports, affidavits, medical records, police reports, and witness statements that establish persecution and nexus to a protected ground.
- Meeting filing deadlines or preparing an application that addresses exceptions to the one-year filing rule.
- Representing you at interviews, credible fear screenings, master calendar hearings, bond hearings, and merits hearings.
- Handling appeals to the Board of Immigration Appeals or federal courts when an application is denied.
- Advising on related immigration options such as withholding of removal, protection under the Convention Against Torture, work authorization, and family-based relief.
Although asylum standards are federal, several local and state-level elements matter in Burlington:
- Federal jurisdiction and process: Asylum claims are decided under federal immigration law. Filing procedures, evidentiary rules, and appeal routes are set by federal agencies and courts.
- State benefits and programs: Asylees and refugees who are granted protection may be eligible for state-administered programs such as emergency medical care, social services, and employment support. Eligibility and timing vary by program and by whether you have formal asylum status.
- Local legal and social services: Burlington and the surrounding region provide legal aid clinics, nonprofit refugee-resettlement organizations, health clinics, mental health services, and language access services that assist asylum seekers. These local services help with housing, interpretation, and documentation.
- Confidentiality and reporting: Local law enforcement and many service providers have policies regarding interaction with immigration authorities. Knowing local protocols for reporting crimes and accessing protection without triggering immigration enforcement is important.
An asylum seeker is someone who is already in the United States and asks for protection here. A refugee is someone who applies for protection from outside the United States and is admitted through a separate resettlement process. The legal standard for protection is similar, but the application processes and agencies involved differ.
You can file an affirmative asylum application with U.S. Citizenship and Immigration Services if you are not in removal proceedings. If you are detained or in removal proceedings, you can present a defensive asylum claim before an immigration judge. Because the correct filing path affects deadlines and procedures, consult a lawyer early.
Yes, there is a one-year filing deadline that generally requires you to submit an asylum application within one year of your last arrival in the United States. There are exceptions for changed or extraordinary circumstances and for certain legal adjustments, but proving an exception requires strong evidence and legal argument.
Persecution can be physical violence, unlawful detention, severe discrimination, sexual violence, or other serious harms that are inflicted because of a protected ground - such as race, religion, nationality, membership in a particular social group, or political opinion. The harm must be more than general harassment and must be linked to a protected ground.
Common evidence includes your own written statement and testimony, witness declarations, medical or psychological records documenting injuries, police or court documents, country condition reports, news articles, and expert declarations that explain the risk you face and why the government in your country is unwilling or unable to protect you.
Asylum applicants can seek authorization to work under federal immigration regulations. Eligibility and the timing for applying for an employment authorization document can change, so check current rules and consult a lawyer or accredited representative to confirm when and how to apply.
If an affirmative asylum application is denied by USCIS and you have no lawful status, your case may be placed into removal proceedings where you can renew the claim defensively. If an immigration judge denies asylum, you can appeal to the Board of Immigration Appeals and, in some cases, to federal court. Appeals involve strict timelines and legal standards.
Certain criminal convictions can be bars to asylum or can affect eligibility for other protections. Not every conviction bars relief, and the impact depends on the nature of the offense, the sentence, and the timing. A lawyer should review any criminal history before making decisions about filing or proceeding in court.
If you are detained by immigration authorities, you still have the right to apply for asylum and to express fear of return. Detention can limit access to lawyers and evidence, so it is critical to request legal help quickly and to notify family or advocates who can help locate counsel and support.
Look for attorneys who specialize in immigration and asylum law, have courtroom experience, and who can provide references or client testimonials. Ask about fees, payment plans, language support, and whether they will work with accredited representatives or non-profit partners. Many legal aid organizations offer low-cost or pro bono services for eligible clients.
- Federal agencies and bodies that handle asylum claims: U.S. Citizenship and Immigration Services and the immigration courts administered by the Executive Office for Immigration Review.
- State and local legal aid programs that often assist asylum seekers, including nonprofit legal services and pro bono programs in the Burlington area.
- Refugee resettlement and immigrant advocacy organizations that provide housing, case management, language services, and community integration support.
- National and local civil rights organizations that offer legal help or referrals for detained immigrants and asylum seekers.
- Local bar associations and lawyer referral services that help you find experienced immigration attorneys for consultation.
- Gather documents: Collect identity documents, passports, birth certificates, police reports, medical records, and any proof of persecution or membership in a protected group. Keep originals safe and prepare clear copies with translations where needed.
- Seek legal advice quickly: Contact an immigration lawyer or accredited representative to evaluate your claim, explain filing options, and protect your deadlines. If you cannot afford a lawyer, reach out to local legal aid organizations and bar referral services.
- Prepare for interviews and hearings: Work with counsel to prepare a detailed personal statement, organize evidence, and practice testimony. Ask for interpretation services if you need them and request time to obtain documents if you cannot produce them immediately.
- Use local support services: Connect with community organizations for housing, medical care, mental health services, and language assistance while you pursue your claim.
- Keep important contacts and stay organized: Maintain a calendar for deadlines, note case numbers, and keep copies of all filings and receipts. Notify your lawyer and any supporting organizations about changes in address or contact information.
If you are unsure where to start, call your local legal aid office or bar referral service for an initial consultation. Acting promptly and working with experienced legal help improves the chance of presenting a strong asylum claim.
