Asylum Lawyer
If you fear persecution in your home country, you may be eligible for asylum in the U.S. Working with an asylum lawyer gives you the best chance at success.
Asylum is a legal protection granted to individuals who flee their home countries due to fear of persecution. In the United States, asylum allows people to remain in the country if returning home would expose them to serious harm based on specific protected grounds.
Applying for asylum involves a complex legal process, and many individuals seek the help of an asylum lawyer to guide them through the system and increase the chances of a successful outcome.
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What Is Asylum?
Asylum is a form of humanitarian relief that permits foreign nationals to stay in the United States if they can prove that they have suffered persecution or have a well-founded fear of future persecution in their home country. The persecution must be based on one or more of the following protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
People who are granted asylum can legally remain in the U.S., apply for work authorization, and eventually apply for permanent residency (a green card).
An asylum lawyer helps applicants present evidence, prepare testimony, and structure legal arguments to meet the necessary requirements.
Types of Asylum Applications
There are two main ways to apply for asylum in the U.S.:
- Affirmative Asylum – This process is for individuals who are not in removal (deportation) proceedings. The applicant must file Form I-589 with U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival in the United States. An asylum lawyer can help prepare the application, gather supporting documents, and attend the interview with the asylum officer.
- Defensive Asylum – This process occurs when a person requests asylum as a defense against removal during immigration court proceedings. In these cases, an immigration judge hears the application. A skilled asylum lawyer presents the case in court, cross-examines witnesses, and challenges any evidence offered by the government.
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The Role of an Asylum Lawyer
An asylum lawyer plays a critical role in helping individuals navigate the complex asylum process. The legal standards are high, and the burden of proof is on the applicant. An asylum lawyer provides guidance on how to prepare a strong case, which may include:
- Explaining the asylum process and legal requirements
- Helping the applicant write a detailed personal statement
- Collecting evidence, such as medical reports, police records, or expert testimony
- Preparing the applicant for interviews or court hearings
- Representing the client in front of asylum officers or immigration judges
Because asylum cases are often based on sensitive and personal experiences, an asylum lawyer also helps ensure the applicant feels supported and understood during a stressful process.
Common Challenges in Asylum Cases
Asylum claims are often denied because the applicant fails to meet the legal criteria or lacks proper documentation. Other challenges include:
- Failing to file within the one-year deadline
- Inconsistent testimony or incomplete evidence
- Language barriers and misunderstanding of the legal process
- Prior criminal convictions or immigration violations
An asylum lawyer helps address these issues by ensuring that deadlines are met, evidence is organized, and testimony is consistent. If a claim is denied, the lawyer can also assist with appeals or motions to reopen the case.
Asylum For Family Members
If a person is granted asylum, they can also apply for their spouse and unmarried children under the age of 21 to receive derivative asylum status. This process requires submitting a separate form and meeting specific eligibility guidelines. An asylum lawyer can guide clients through this process and help keep families together during and after the application process.
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Applying for a Green Card After Asylum
A person who has been granted asylum can apply for lawful permanent residence (a green card) one year after being granted protection. The green card process involves additional paperwork and background checks. An asylum lawyer can help ensure that this next step is handled correctly and that no delays or complications arise due to missed documentation or eligibility issues.
Appealing a Denied Asylum Case
If an asylum claim is denied by an immigration judge, the applicant may appeal the decision to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the decision.
In some cases, further appeals to the federal court system may be possible. Appeals are complex and time-sensitive, making the guidance of an experienced asylum lawyer even more important.
Why You Need an Asylum Lawyer
Asylum offers protection and the chance for a new beginning to those who are fleeing danger in their home countries. However, the process of applying for asylum in the United States is detailed and challenging.
With proper legal support, many people can secure asylum and begin building a safer and more stable future in the United States.
Contact us today and speak to one of our asylum lawyers at Din Law Group and let us help your dream of a new beginning in the U.S. come true.
