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Asylum is a form of protection available under United States federal immigration law for people who are physically present in the United States and who cannot return to their home country because they fear persecution. Persecution must be based on one or more protected grounds - race, religion, nationality, political opinion, or membership in a particular social group. Asylum claims are decided under federal law, so the basic rules are the same in Greenwood Village as they are across the country. What differs locally are the immigration court that will hear defensive claims, the local immigration legal service providers, and municipal or state policies that affect access to benefits, identification, and local supports.
People in Greenwood Village seeking asylum normally pursue one of two paths. The affirmative asylum process starts when an eligible person files an application with U.S. Citizenship and Immigration Services - USCIS and attends an interview with an asylum officer. The defensive asylum process happens if a person is in removal proceedings before the immigration court - typically the Denver Immigration Court serves the Denver metro area - and asks the judge for asylum as a defense to removal. Local nonprofits, community groups, and pro bono attorneys in the Denver metro area can assist asylum seekers in Greenwood Village with paperwork, preparation, and representation.
Asylum cases involve complex legal standards, strict deadlines, and detailed evidence requirements. A lawyer can help in many common situations, including:
- Determining whether your fear of returning home meets the legal definition of persecution and is connected to a protected ground.
- Deciding whether to file an affirmative asylum application with USCIS or to pursue asylum defensively in immigration court.
- Preparing a credible, well-documented affidavit and supporting evidence such as country condition reports, medical and police records, and witness statements.
- Navigating the one-year filing deadline and preparing motions or legal arguments if you missed the deadline and need to show an exception.
- Representing you at credible fear interviews, asylum interviews, master calendar hearings, individual merits hearings, bond hearings, and appeals to the Board of Immigration Appeals.
- Seeking alternative forms of protection if asylum is not available, such as withholding of removal or protection under the UN Convention Against Torture - CAT.
- Addressing issues that can complicate asylum eligibility, such as prior criminal convictions, membership in armed groups, or inconsistent statements in different proceedings.
Key legal facts and local issues to understand if you are pursuing asylum in Greenwood Village include:
- Federal preemption - Immigration law is primarily federal. The eligibility rules for asylum, the procedures for adjudication, and the powers to remove noncitizens come from federal statutes and regulations. Local and state laws cannot override federal immigration law.
- Immigration court forum - If you are placed in removal proceedings, your case will likely be heard by the Denver Immigration Court or another EOIR court that has jurisdiction over the Denver metro area. Immigration judges are part of the Executive Office for Immigration Review - EOIR.
- Local cooperation policies - Many cities and counties in Colorado have policies that limit local law enforcement cooperation with federal immigration enforcement. Such policies can affect whether local police ask about immigration status or hold people for federal agents. Greenwood Village is part of the Denver metropolitan area, so availability of local protections and services can depend on county and municipal policies.
- Access to state services - Colorado administers certain state benefits and services that may be available to asylum seekers and their family members. Some state agencies have specific rules about identification and driver license eligibility for noncitizens. If you plan to work in the United States, you may be eligible to apply for employment authorization after filing your asylum application, subject to timing rules and current USCIS processing practices.
- Confidentiality and reporting - Communications with immigration attorneys and many legal service providers are protected by attorney-client privilege. Certain humanitarian and community organizations offer confidential assistance and can help you understand when and how information might be shared with government agencies.
Both asylum seekers and refugees need protection from persecution, but refugees apply for protection from outside the United States through a resettlement process, while asylum seekers request protection after arriving in the United States or at a U.S. port of entry. The legal standards for qualifying are similar, but the application processes and the agencies involved are different.
If you are not in removal proceedings, you can apply affirmatively by filing Form I-589, Application for Asylum and for Withholding of Removal, with USCIS. If you are in removal proceedings, you should tell the immigration judge that you want to apply for asylum as a defense to removal. Because immigration law is complex and deadlines matter, getting legal help before you file or before a hearing is important.
Generally, you must file an affirmative asylum application within one year of your last arrival to the United States unless you can show changed circumstances materially affecting your eligibility or extraordinary circumstances that prevented filing within one year. Courts and USCIS recognize some exceptions, but you will usually need legal arguments and evidence to qualify for an exception.
Yes. If you are an asylum applicant or an asylee, your spouse and unmarried children under 21 may qualify as derivatives. If you are applying affirmatively, you can include family members on your application if they are physically present in the United States. If you are in proceedings, family members in proceedings may be included as derivative beneficiaries under particular rules.
No. Filing for asylum initiates a lawful process to request protection. If you applied affirmatively and were not in removal proceedings when you filed, filing does not by itself make you a removal priority. If you are in removal proceedings, applying for asylum is a defense to removal. That said, factual circumstances and law enforcement activity can affect individual situations, so consult a lawyer for specific advice.
Timelines vary widely. Affirmative asylum cases depend on USCIS scheduling of interviews and any subsequent appeals. Defensive cases before the immigration court can take months to years, depending on local court caseloads and whether appeals are filed. Processing times are often unpredictable, so plan for a lengthy process and work with counsel to monitor deadlines and case status.
You may be eligible to apply for an employment authorization document - EAD - after meeting certain filing and waiting period requirements. Rules and processing times have changed over the years, so check current USCIS requirements and consult an attorney to determine when and how to apply for work authorization.
If an affirmative claim is denied by USCIS and you do not have valid status, you may be referred to immigration court and have the opportunity to seek asylum defensively. If an immigration judge denies asylum, you may be able to appeal to the Board of Immigration Appeals - BIA, and ultimately to a federal court. Alternatives such as withholding of removal or protection under the Convention Against Torture may still be available depending on your case.
Certain crimes can make you ineligible for asylum or subject you to mandatory detention or removal. Crimes involving moral turpitude, particularly serious crimes, and aggravated felonies can have severe immigration consequences. You should speak with an immigration attorney who can assess how a criminal record affects your specific asylum case.
Greenwood Village residents can seek assistance from nonprofit legal service organizations and pro bono programs that serve the Denver metro area. Local bar associations and law school clinics may offer free or low-cost representation. Begin by contacting community-based immigrant legal service providers in the Denver metropolitan area, asking about pro bono asylum programs, and checking whether you qualify for income-based services.
Below are types of organizations and agencies that can be helpful. Contact these kinds of entities in the Denver metro area for assistance and referrals:
- U.S. Citizenship and Immigration Services - USCIS - for forms, filing guidance, and information about asylum procedures and employment authorization eligibility.
- Executive Office for Immigration Review - EOIR - for information about the immigration court system and the Denver Immigration Court that handles cases in the region.
- Local nonprofit legal service organizations that provide immigration and asylum assistance in the Denver metro area, including legal intake, representation, and help gathering evidence.
- Catholic Charities and other faith-based resettlement and legal service programs in Colorado that offer immigration services, counseling, and social supports.
- Colorado Legal Services and other statewide legal aid networks that may offer immigration-related help or referrals.
- Local bar associations - including the Colorado Bar Association and county bar associations - which often maintain lawyer referral services and lists of immigration attorneys who offer consultations.
- National organizations such as the American Immigration Lawyers Association - AILA - which can help you find credentialed immigration lawyers in the area.
- Community health centers and mental health providers experienced in trauma-informed care for survivors of persecution.
Follow these practical steps if you think you may need asylum or legal assistance in Greenwood Village:
- Gather documents - Collect identity documents, passports, birth certificates, police or medical records, documents that show membership in groups or political activity, and any evidence of harm or threats. Keep originals in a safe place and make copies to share with your lawyer.
- Record your story - Write a clear, chronological account of why you fear returning to your country. Include dates, places, names, and how the persecution is connected to a protected ground. These notes will help your attorney prepare your affidavit and supporting evidence.
- Seek legal help promptly - Contact an immigration lawyer for an initial consultation. If you cannot afford private counsel, contact nonprofit organizations and legal aid providers in the Denver metro area to explore pro bono or sliding-scale options.
- Meet critical deadlines - If you are outside the one-year window, or if you have upcoming hearings, act quickly. Missing deadlines can dramatically reduce your chances of obtaining protection.
- Prepare for interviews and hearings - Work with your attorney to prepare for credible fear interviews, asylum interviews with USCIS, and court hearings. Practice telling your story consistently and bring corroborating evidence.
- If detained, ask for legal representation - If you or a family member are detained by immigration authorities, request a lawyer and inform your family or sponsor. There are specific procedures and timelines for detained individuals, including bond hearings and expedited hearings in some cases.
- Keep records of contacts - Keep a list of all people and agencies you contact about your case, dates of appointments, and copies of anything you file with USCIS or the court.
Disclaimer - This guide provides general information for educational purposes and is not legal advice. Asylum law is complex and fact-specific. For advice about your particular situation in Greenwood Village, consult a licensed immigration attorney or an accredited representative with experience in asylum cases.
