Guide to Seeking U.S. Asylum and Choosing an Asylum Lawyer
A U.S. asylum lawyer is an immigration attorney experienced with helping immigrants apply for asylum status in the United States. If you fear persecution in your home nation, you could be eligible to file for asylum in the United States.
Asylum is a special humanitarian immigration category that allows foreign nationals a way to ask U.S. immigration officials for permission to stay legally in the country.
If you are on U.S. soil, an asylum lawyer at D’Alessio Law can examine your individual circumstances to see if you may qualify for asylum in the United States. Contact us to schedule a free consultation.
While you consider your options for staying in the United States, this guide to U.S. asylum will explain the process of requesting asylum and help you choose an asylum lawyer.
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Can an Asylum Lawyer Help You Stay in the United States?
An asylum lawyer at D’Alessio Law may be able to help you stay in the U.S. and avoid deportation if you qualify for either affirmative asylum or defensive asylum.
Hiring an Asylum Lawyer for an Affirmative Asylum Case
Your asylum lawyer may suggest that you apply for affirmative asylum if you are in the United States, but you have not been placed in removal proceedings yet. Your asylum lawyer will help you file for affirmative asylum through U.S. Citizenship and Immigration Services (USCIS) if you are already on U.S. soil or if you are at a port of entry.
Hiring an Asylum Lawyer for a Defensive Asylum Case
You will need an asylum lawyer to help you apply for defensive asylum if you are in the United States facing removal proceedings and at risk of being deported. In a defensive asylum case, your asylum lawyer will help you apply while facing removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
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An Experienced Asylum Lawyer Explains Asylum Eligibility
Generally speaking, any foreign national on U.S. soil or in a port of entry with a credible fear of persecution is eligible to apply for asylum. Just because you may qualify for asylum doesn’t mean that you will be granted asylum status, but you are allowed to ask for asylum protections if you are eligible. The chances that you will be granted asylum greatly increase if you have a competent asylum lawyer supporting you.
It doesn’t matter how you arrived in the United States, but you generally must apply for asylum within one year of your arrival.
You can apply for asylum regardless of whether you currently have legal immigration status. Your asylum lawyer will determine if you qualify for asylum based on your individual circumstances.
“Credible Fear of Persecution” Explained
To determine if you are eligible to apply for asylum in the U.S., your asylum lawyer will figure out if you have a “credible fear of persecution.” Immigration officials need to believe your fear is credible. They will look at whether you have a genuine and realistic reason to believe that you, a family member with you, or someone like you would be persecuted in your own home country.
To determine this, an immigration officer will interview you before approving or denying your petition. Besides helping you determine your individual eligibility and filing the necessary forms, your asylum lawyer will also help you prepare for this interview.
Bars To Applying for Asylum
Some people can’t apply for asylum even if they can establish a credible fear of persecution in their home country. Your asylum lawyer will help you figure out if you are barred from getting asylum status.
You may be found be barred from obtaining asylum if you:
- Have in any way participated in the persecution of someone else on account of their race, religion, nationality, political opinion, or membership in a social group
- Have been convicted of a serious crime
- Have committed a serious non-political crime when you were outside the U.S.
- Are a threat to U.S. national security
- Lived in another country lawfully before coming to the United States and can safely return to that country instead of your home nation
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Bring Your Family to The U.S With a Skilled Asylum Lawyer
If your family members are eligible, your asylum attorney may be able to help them obtain derivative asylum status. This includes even your unmarried adult children if they are under the age of 21 if they are already in the United States. Your asylum attorney will help you list them on your petition. If your family members are outside the United States, your attorney may even be able to help you bring them into the United States through your asylum status.
Get a Green Card as an Asylee
One year after you are granted asylum status in the United States, you may be eligible to apply for a green card through Adjustment of Status using Form I-485. Your asylum lawyer can help you at every step of your immigration process, so it’s important to choose one with compassion and experience.
Do You Need to Talk to an Asylum Lawyer?
If you are in the U.S. and fear what could happen to you if you were forced to return to your home country, you should consult with an experienced asylum lawyer. The experienced immigration attorneys at D’Alessio Law may be able to help you through the asylum process.
Contact us today for a free and confidential consultation.
