Best Asylum Lawyers in Massachusetts

About Asylum Law in Massachusetts, United States

Asylum is a form of protection available to individuals in the United States who have suffered persecution in their home country or have a well-founded fear of future persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. In Massachusetts, as in the rest of the United States, asylum seekers must follow federal immigration laws and procedures. Massachusetts has a history of supporting immigrants and refugees, and there are numerous legal resources and advocacy organizations throughout the state dedicated to assisting those seeking asylum.

Why You May Need a Lawyer

Applying for asylum in the United States is a complex legal process that can be difficult to navigate on your own. The stakes are high since denial of asylum can result in removal from the United States and possibly return to a dangerous situation. Here are common situations where a lawyer can be invaluable:

• You are unsure if you qualify for asylum.
• You have missed the one-year deadline to apply.
• Your asylum application was denied, and you need to appeal.
• You are currently in removal or deportation proceedings.
• You need assistance gathering evidence or preparing for your asylum interview or court hearing.
• You need to apply for protections for your family members.
• You have a criminal history that may affect your eligibility.

Local Laws Overview

While asylum is governed by federal law, local practices and resources in Massachusetts can impact your experience. Key aspects include:

• Asylum seekers in Massachusetts must file Form I-589, Application for Asylum and for Withholding of Removal, with the United States Citizenship and Immigration Services (USCIS) or with the immigration court if they are in removal proceedings.
• Massachusetts does not have its own asylum laws but is home to several immigration courts, such as the Boston Immigration Court, and multiple non profit legal service providers.
• Local support organizations may provide help with translation, legal advice, and housing assistance during the asylum process.
• After 150 days from filing the asylum application, individuals can apply for a work permit if no decision has been made and there are no applicant caused delays.
• Massachusetts is considered a welcoming state, and some cities have enacted sanctuary policies, providing additional support and protection for asylum seekers.

Frequently Asked Questions

What is the difference between asylum and refugee status?

Both asylum and refugee status provide protection to people fleeing persecution, but refugees apply for protection from outside the United States, while asylum seekers apply either at a port of entry or once within the United States.

Who is eligible to apply for asylum in Massachusetts?

Anyone physically present in the United States or arriving at a port of entry can apply for asylum if they fear persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

What is the deadline for applying for asylum?

You usually must apply for asylum within one year of your arrival in the United States, though there are some exceptions for changed circumstances or extraordinary circumstances.

Can my family members be included in my application?

Yes, you may include your spouse and unmarried children under 21 years old on your asylum application.

What happens after I file my asylum application?

USCIS will schedule you for a biometrics appointment, followed by either an interview with an asylum officer or an immigration court hearing if you are in removal proceedings.

Can I work while my asylum case is pending?

You can apply for a work permit (employment authorization document) 150 days after filing your asylum application, provided there are no delays caused by you.

What if my asylum application is denied?

If denied by USCIS, your case may be referred to an immigration judge, where you can present your claim again. If denied by an immigration judge, you can appeal to the Board of Immigration Appeals.

Is there assistance available for asylum seekers in Massachusetts?

Yes, there are several legal aid organizations and pro bono legal services available to help guide you through the asylum process in Massachusetts.

Are there any fees to apply for asylum?

There are no government filing fees to submit an asylum application (Form I-589).

Can I travel outside the United States while my asylum application is pending?

It is generally not recommended to travel outside the United States while your application is pending unless you obtain advance parole, as leaving without permission could be considered abandoning your claim.

Additional Resources

If you are seeking legal advice or support with asylum in Massachusetts, these resources can be helpful:

• United States Citizenship and Immigration Services (USCIS) - for application forms and general information
• Boston Immigration Court - for those in removal proceedings
• Political Asylum/Immigration Representation (PAIR) Project - provides free legal services to asylum seekers
• Irish International Immigrant Center and other local non profit organizations - offer legal clinics and support services
• Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition - policy advocacy and referrals
• Legal Aid Societies and pro bono legal providers - offer free or reduced cost legal assistance

Next Steps

If you need legal assistance with your asylum case in Massachusetts, start by gathering all documents related to your identity, entry to the United States, and any evidence of persecution. Reach out to a qualified immigration attorney or a non profit that provides legal services to asylum seekers. Most organizations will offer an initial consultation to assess your eligibility and help determine the best strategy. Do not delay seeking help, as strict deadlines apply to many aspects of the asylum process. Being proactive and prepared with legal support can significantly increase your chances of a successful outcome.