An Asylum Attorney Gives Solid Support For Your Application

When challenges arise, some say it’s best to face them. But when personal safety is threatened by violence or oppression, it’s more than reasonable to run away from harm. In such times of adversity, an asylum attorney represents a ray of hope for individuals in dire need of protection.

This article explores the process of applying for asylum in the United States. Discover the pathways available for seeking refuge and determine your eligibility. Plus, learn how an experienced lawyer can protect your rights as you pursue a new life without fear.

An Asylum Attorney Provides Support

Not every journey of fleeing one’s homeland due to fear must end in despair. Some stories are tales of hope, especially those that create a fresh chapter with the support of an asylum lawyer. These professionals have extensive experience in handling humanitarian cases. They help navigate asylum laws and regulations to find the best path for seeking protection.

A seasoned attorney will support you through every step. From gathering evidence to preparing for interviews, they ensure your compliance with U.S. Citizenship and Immigration Services (USCIS) requirements. Their skills help you establish a clear and compelling narrative for higher chances of success.

Additionally, attorneys can anticipate and address potential challenges to avoid unexpected setbacks. Selecting the right one provides skillful guidance for your application and essential emotional support. They understand the challenges and stress involved in seeking asylum. With their help, you can explore all available avenues to support your case.

Two Types Of Asylum Applications

The United Nations High Commissioner for Refugees (UNHCR) recognizes asylum as a fundamental human right. It protects individuals who cannot return to their home countries due to a well-founded fear of persecution. The concept of asylum finds its roots in international human rights law, namely the 1951 Refugee Convention.

As a signatory to this Convention, the United States recognizes the set grounds for claiming asylum. These involve race, nationality, political opinion, religion, and membership in a Particular Social Group (PSG). Within the U.S. immigration system, there are two main pathways to seeking protection: affirmative asylum and defensive asylum.

Affirmative Asylum

Affirmative asylum is a legal process where individuals physically present in the country or at a port of entry directly apply for asylum relief. The process is affirmative because the individual seeks asylum proactively before removal proceedings begin.

You may qualify for affirmative asylum regardless of how you arrived in the United States. However, the real challenge lies in navigating the application process, which can become more manageable with the help of a seasoned immigration attorney. Here are the steps to process your affirmative asylum application.

Step 1: Arrive In The United States

At a U.S. port of entry, those seeking an affirmative asylum must inform a Customs and Border Protection (CBP) officer of their intention. They may be subject to an initial inspection, which includes verifying identity and travel documents. If the individual is apprehensive about returning to their home country, an asylum officer will conduct a credible fear interview.

During this time, they may be detained or released on parole, depending on various factors such as capacity and individual circumstances. The credible fear interview assesses whether there is a significant possibility they can establish eligibility for asylum.

Step 2: File The Application

You must file with the USCIS Form I-589, Application for Asylum and for Withholding of Removal. You must submit the form within one year of your arrival in the United States. Exemptions apply if you can demonstrate that changed circumstances significantly affect your eligibility or extraordinary situations caused the delay.

Additionally, you can list your spouse and unmarried children under 21 who are present in the United States as dependents on your application.

Step 3: Undergo Security Checks

Once you submit your application, you will receive a notice of receipt from USCIS. Afterward, you will attend a biometric services appointment at the Application Support Center, where your fingerprints, photograph, and signature are collected. This step ensures thorough background and security checks to confirm you pose no danger to national security or public safety.

Step 4: Attend The Interview

Following the biometric appointment, you will have a schedule for an interview with an asylum officer. It’s crucial to have an asylum lawyer join you here to present your case in detail. Your dependents seeking derivative asylum benefits must also attend. You must bring an interpreter if you cannot undergo the interview in English.

During the interview, the officer will discuss your application and reasons for seeking asylum. You can show evidence supporting your claim, including witness statements, medical records, and documentation of threats or attacks you have faced. Be honest and provide thorough responses, as the information you give heavily influences the officer’s decision.

Rescheduling interviews is allowed under specific circumstances, like experiencing extreme cruelty, serious illness, or death among dependents. USCIS evaluates each request individually based on the applicant’s circumstances.

However, repeated requests without valid reasons may complicate approval. If you can’t give a valid reason, the interview will proceed as initially scheduled. Failure to attend is considered a missed appointment.

Step 5: Receive Decision

After the initial asylum officer’s decision, a supervising officer further checks the application for legal compliance. They may refer the decision to USCIS headquarters for additional review if needed.

Usually, decisions arrive about two weeks after your interview. Delays may occur if you had an interview at a USCIS field office, have pending security checks, or if asylum staff needs additional review time. These may extend your waiting period by a few days.

An asylum attorney can streamline the affirmative application process. However, some challenges are beyond their control, and particular asylum seekers may face challenges that prevent them from being eligible.

Ineligibility Cases

Specific situations may prevent you from applying for affirmative asylum. You will receive a denial of your application if you do not file within the one-year deadline and cannot prove changes or extraordinary circumstances. Suppose you’ve been previously denied asylum by the Board of Immigration Appeals or an immigration judge. In that case, you typically can’t reapply for the affirmative process.

Additionally, even though you attempt affirmative asylum, the U.S. will direct you to a different country. The United States has agreements with some countries that consider asylum seekers safe according to international law. You may not be granted asylum in the United States if sent to one of these locations.

For instance, under the U.S.-Canada Safe Third Country Agreement, asylum seekers must apply for protection in whichever country they reach first (U.S. or Canada). If you encounter these obstacles, all is not lost. A competent immigration lawyer can help you explore alternative options, like defensive asylum, to remain in the United States.

Defensive Asylum

Defensive asylum is a legal strategy that individuals use when already in removal proceedings before an immigration judge. It allows you to claim asylum as a defense against deportation from the United States.

Unlike affirmative asylum, which you can apply through USCIS, defensive asylum is sought during immigration court proceedings. It doesn’t involve a separate application, but you can submit it during the removal proceedings.

You may qualify for defensive asylum if you face deportation initiated by U.S. Immigration and Customs Enforcement (ICE) or another border security agency. It could be due to apprehension at a port of entry without proper documents or within the U.S. with an expired immigration status.

In removal proceedings, asylum seekers go through a credible fear interview. This screening determines whether individuals ineligible to enter through regular means have a believable fear of persecution if returned home. You must provide evidence of past persecution or a well-founded fear of future harm during this stage.

Suppose the immigration judge finds you eligible and orders a grant of asylum. In that case, you can remain in the United States under a refugee status and eventually apply for a Green Card. If denied, you may be removed from the country, though you may have the right to appeal the decision.

The complexity of this process makes the compassionate support of a knowledgeable lawyer necessary. They can guide you through your asylum journey and safeguard your rights.

An Asylum Attorney Defends Your Rights

Beyond navigating the legalities of the application process, you also need someone to fight for your rights and hear your voice. An experienced asylum lawyer goes beyond simply filling out forms and filing paperwork. They can assist in upholding your specific rights, including the right to:

• Apply For Asylum. Lawyers can advise you on what suitable path for asylum and ensure the application is accurate and compliant.
• Fair Hearing. They help prepare for hearings, including mock trials, and challenge any unfavorable evidence presented before the judge. 
• Appeal. If denied, they diligently file appeals with the Board of Immigration Appeals and, if necessary, federal courts.
• Remain In The United States. They file necessary motions and requests to prevent deportation while the application or appeal is pending. 
• Non-Refoulement. They provide detailed legal arguments and evidence demonstrating that returning to the home country would violate international law. 
• Family Unity. They help submit applications for eligible family members, ensuring that loved ones can also receive protection.

A top-notch lawyer vigorously defends these rights, fighting for individuals like you who intend to find safety and start anew. Relying on a professional who combines skill with empathy is essential, as these qualities are not common among attorneys.

Abogada Kate Helps Achieve Protected Status

For an immigration lawyer, Abogada Kate achieves more in transforming complex applications into success stories. We value humanitarian relief within U.S. immigration, bridging the gap between fear and protection for asylees.

Our team aims to provide the most favorable outcomes for those applying for asylum in the United States. We assist you in managing the detailed application process, whether you’re pursuing affirmative or defensive asylum. Our lawyers understand every asylum seeker’s challenges and work diligently to help you secure a safe future.

With years of immigration experience, we offer valuable insights and practical support. We help you prepare thorough applications, navigate complex legal requirements, and represent you in court. Our comprehensive approach ensures you have the highest chance of achieving protected status.

Summary

Applying for asylum in the United States involves two main pathways: affirmative and defensive. Affirmative asylum is for those not subject to deportation and requires an application process with USCIS. Meanwhile, you can seek defensive asylum during removal proceedings in immigration court.

An asylum attorney at Abogada Kate is instrumental in navigating the eligibility and processes of these distinct paths. We can defend your rights and present your cases effectively. Further, we offer the skills and support needed to manage the intricate and often stressful process, helping you achieve the protection you need.