Best Asylum Lawyers in Columbia

About Asylum Law in Columbia, United States

Asylum is a form of protection granted to individuals who are already in the United States and are unable or unwilling to return to their home country because they fear persecution. Columbia, located within the state of South Carolina, aligns with federal asylum laws. Local individuals who apply for asylum do so under the dictates of U.S. immigration law, specifically the Immigration and Nationality Act (INA). Generally, asylum is sought by those who have suffered persecution or have a legitimate fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Why You May Need a Lawyer

Navigating the asylum process can be complex, and there are several situations where legal help is highly recommended. Common scenarios include:

• Difficulty understanding eligibility requirements or collecting evidence to support your claim
• Previous denial of your asylum application or another type of immigration relief
• Facing removal (deportation) proceedings in immigration court
• Needing to file appeals or motions after an initial decision
• Special considerations for unaccompanied minors or individuals with criminal records
• Needing to reunite with family members or include dependents in your application

An experienced asylum lawyer in Columbia can help you correctly complete application forms, gather required documentation, prepare for interviews and hearings, and represent you in court if necessary.

Local Laws Overview

Asylum applications in Columbia, South Carolina follow federal law, primarily the U.S. Immigration and Nationality Act. There are no distinct city or state asylum laws, but local immigration courts in Columbia administer federal procedures and hearings. Key aspects include:

• Asylum seekers must apply within one year of arriving in the United States unless they qualify for an exception.
• The person must prove they meet the definition of a “refugee” as recognized by federal law.
• Applicants can request asylum affirmatively by applying with U.S. Citizenship and Immigration Services (USCIS), or defensively, as a defense to removal in immigration court.
• State and local agencies may provide support and referrals, but they do not grant or deny asylum. All decisions are made by USCIS or immigration judges within the federal system.
• Asylum status can eventually lead to a green card and lawful permanent residency if certain requirements are met.

Frequently Asked Questions

What is asylum and who qualifies for it?

Asylum is a protection for people who have suffered or fear harm because of race, religion, nationality, membership in a social group, or political opinion. You must show you are unable or unwilling to return to your home country for these reasons.

How do I apply for asylum in Columbia, South Carolina?

You can apply by filing Form I-589, Application for Asylum and for Withholding of Removal, with USCIS if you are not in removal proceedings. If you are in removal proceedings, you must apply through the immigration court.

Do I need to apply for asylum within a certain time?

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

Can I include my family in my asylum application?

You can include your spouse and children under 21 who are unmarried on your initial asylum application. Each family member must be listed, and you may need separate documentation for each.

What happens if my asylum application is denied?

If your application is denied by USCIS and you are without legal status, you are usually referred to an immigration judge for further review, where you may present your case again. You can also appeal certain decisions.

Is an interview required for asylum applicants?

Yes. An interview is often required for affirmative applications with USCIS. In defensive cases, you will have a hearing before an immigration judge.

Can I work while my asylum application is pending?

You may be eligible to apply for work authorization if your asylum application has been pending for at least 150 days and has not yet received a decision.

Will applying for asylum affect my chances of getting a green card?

If you are granted asylum, you may apply for lawful permanent residence (a green card) after one year. Applying for asylum itself does not hurt your future chances if the application is genuine.

What can I do if I do not speak English?

USCIS and immigration courts provide interpreters for asylum interviews and hearings. You should let them know your preferred language in advance.

Is it possible to lose asylum status after being granted?

Yes, asylum status can be terminated if you no longer meet the conditions for protection, if you voluntarily return to your country of feared persecution, or if you commit certain crimes.

Additional Resources

Several organizations and government agencies serve asylum seekers in Columbia, South Carolina:

• USCIS Asylum Office (handles initial applications and interviews)
• Executive Office for Immigration Review - Immigration Court (manages court hearings and defensive asylum cases)
• South Carolina Appleseed Legal Justice Center (provides advocacy and legal information for immigrants)
• Catholic Charities of South Carolina Immigration Services (offers low-cost legal services for asylum seekers)
• South Carolina Legal Services (may provide representation or referrals for those who qualify)

You can also reach out to local nonprofit organizations dedicated to helping immigrants and refugees for guidance or support.

Next Steps

If you or someone you know is considering applying for asylum in Columbia, South Carolina, it is important to act as soon as possible:

• Gather any documents related to your entry into the United States and any proof of persecution or fear in your home country.
• Consult with a qualified immigration attorney or an accredited legal representative for a case evaluation.
• Utilize trusted organizations or legal aid services if finances are a concern.
• Prepare for upcoming deadlines, especially the one-year filing limit for asylum applications.
• If you are facing removal proceedings, contact a lawyer immediately, as your time to respond and defend your case will be limited.

Remember that the asylum process involves critical deadlines and procedures. Seeking legal assistance can improve your chances for a successful outcome. If you need help, do not hesitate to contact a professional or an organization with experience in asylum law.