Best Asylum Lawyers in Pennsylvania

About Asylum Law in Pennsylvania, United States

Asylum is a form of protection provided by the United States to individuals who are already in the country and who have suffered persecution or fear persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion. Pennsylvania, like every state, follows federal laws and regulations regarding asylum. However, local legal procedures, available resources, and community organizations in Pennsylvania can play a significant role in how asylum cases are handled and supported. Understanding the procedures, rights, and resources available is crucial for anyone seeking asylum in the Commonwealth of Pennsylvania.

Why You May Need a Lawyer

Applying for asylum in the United States is a complex legal process that involves significant documentation, tightly regulated deadlines, and intricate interviews or court appearances. Many people seeking asylum might face language barriers, may not fully grasp the legal requirements, or might be at risk of deportation if they make mistakes during the process. Common situations where legal help is often necessary include:

• Completing and filing the asylum application (Form I-589)
• Preparing for interviews with United States Citizenship and Immigration Services (USCIS) officers or for immigration court proceedings
• Gathering and submitting supporting evidence that proves eligibility for asylum
• Responding to notices or correspondence from immigration authorities
• Facing the possibility of being placed in removal (deportation) proceedings
• Reuniting with family members through derivative asylum claims
• Handling appeals if the initial asylum application is denied

An experienced immigration lawyer can provide invaluable assistance throughout this demanding process, increasing the chances of a successful outcome.

Local Laws Overview

Immigration law is governed primarily by federal regulations, which means the fundamental rules and eligibility criteria for asylum do not change from one state to another. However, in Pennsylvania, applicants may interact with specific federal offices such as the Philadelphia Asylum Office and local Immigration Courts. Pennsylvania is also home to a number of nonprofit organizations, legal clinics, and advocacy groups that may provide free or low-cost assistance to asylum seekers.

Key aspects relevant to asylum in Pennsylvania include:

• Access to nearby USCIS offices and immigration courts (for Pittsburgh and Philadelphia residents in particular)
• Support from local immigrant advocacy organizations
• Legal clinics and pro bono services at major universities and law schools
• Regional variations in the rates of asylum approval from local immigration judges
• Community-specific resources or programs offered by state or local governments

Although the laws governing asylum are uniform, the experience of seeking asylum can be influenced by Pennsylvania's unique network of legal and community resources.

Frequently Asked Questions

What is asylum and who is eligible to apply?

Asylum is legal protection granted to individuals who are in the U.S. and who have suffered persecution or fear persecution in their home country for specific reasons such as race, religion, nationality, political opinion, or membership in a particular social group.

How do I apply for asylum in Pennsylvania?

You must file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS. If you are already in removal proceedings, you can seek asylum as part of your defense before an immigration judge.

Is there a filing deadline for asylum applications?

Yes, you must generally apply for asylum within one year of arriving in the United States unless you can prove changed circumstances or extraordinary circumstances that justify the delay.

Can I work while my asylum case is pending?

You may apply for an employment authorization document (EAD) 150 days after filing a complete asylum application, but you cannot start working until you receive authorization.

Can my family come with me or join me if I receive asylum?

If you are granted asylum, you may petition to bring your spouse and unmarried children under 21 to the United States through a process known as derivative asylum.

What happens if my asylum application is denied?

If your case is denied by USCIS and you do not have lawful status, you may be referred to immigration court for removal proceedings, where you may present your asylum case before an immigration judge.

Will applying for asylum affect my chances of staying in the U.S.?

Filing for asylum can affect your immigration status, and if your application is denied, you could be placed in removal proceedings. Always consult with a qualified attorney before applying.

Do I need a lawyer to apply for asylum in Pennsylvania?

While you are not legally required to have a lawyer, navigating the asylum process without professional legal assistance is very challenging. Many organizations in Pennsylvania offer free or low-cost legal help.

Can I appeal a negative asylum decision?

Yes, if an immigration judge denies your asylum application, you may appeal to the Board of Immigration Appeals, and further to federal courts, but strict deadlines apply.

Where are immigration courts located in Pennsylvania?

The Pennsylvania Immigration Courts are located in Philadelphia and York. Asylum cases are primarily heard in these courts, depending on where you reside.

Additional Resources

A number of organizations and governmental agencies can provide assistance to asylum seekers in Pennsylvania, including:

• United States Citizenship and Immigration Services (USCIS) - for application processing and information
• Pennsylvania Immigration Resource Center (PIRC)
• HIAS Pennsylvania
• Philadelphia Legal Assistance
• Nationalities Service Center
• American Immigration Lawyers Association (AILA) - Pennsylvania chapter
• Local law school immigration clinics, such as those at the University of Pennsylvania or Temple University
• Refugee resettlement agencies and faith-based organizations

Next Steps

If you are considering applying for asylum in Pennsylvania, your first step should be to gather all necessary documents, including personal identification, any evidence of persecution, and, if possible, a passport. Next, reach out to a qualified immigration attorney or accredited organization for a consultation. Many organizations offer free or reduced-cost legal services to asylum seekers. Be sure to act promptly as many legal deadlines, including the one-year filing rule for asylum, are strictly enforced.

Always keep records of your immigration history and correspondence with government agencies. Prepare to be patient, as the asylum process can take a considerable amount of time. Having professional legal assistance greatly increases your chances of success, so do not hesitate to seek help if you need it.