Foreign nationals may apply for asylum if they fear persecution on account of their religion, nationality, race, political, opinion, or membership in a particular social group. Their fear of persecution must be both objective and subjectively reasonable and the persecution must either be by the government or a group of persons that the government is unable or unwilling to control. Applicants may apply for asylum "affirmatively," or while they are not in removal proceedings, by submitting an application to their local USCIS asylum office. Alternatively, once an individual has been issued a Notice to Appear (NTA) and is in removal proceedings, they may submit an asylum application to the immigration judge in what is known as a "defensive" application. Christmann Legal attorneys will guide you through the process.

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