Best Asylum Lawyers in Scranton

About Asylum Law in Scranton, United States

Asylum law in the United States allows individuals who have fled their home country due to persecution or a well-founded fear of persecution to apply for protection within U.S. borders. Scranton, like other parts of the United States, adheres to federal asylum law, which is governed primarily by the Immigration and Nationality Act (INA). Those seeking asylum in Scranton must demonstrate that they have been persecuted or fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Why You May Need a Lawyer

Seeking asylum involves navigating a complex legal process filled with documentation, deadlines, and interview requirements. Here are common situations where individuals may require legal assistance:

• Understanding eligibility: Legal criteria for asylum can be complicated, and a lawyer can help determine if you qualify.
• Completing paperwork: Asylum seekers must complete extensive forms and legal paperwork accurately.
• Preparing for interviews: Asylum seekers are generally required to attend an interview with an immigration officer. An attorney can help prepare for this crucial step.
• Appealing denial: A lawyer can assist if an initial asylum claim is denied and guide through the appeals process.
• Dealing with detention: If detained, an attorney can help negotiate release or address any immediate legal matters.

Local Laws Overview

While asylum is a federal matter, there are local practices and procedures specific to Scranton that are important for asylum seekers:

• Asylum seekers often interact with the local field office of the U.S. Citizenship and Immigration Services (USCIS) based in Pennsylvania, which handles initial asylum applications and interviews.
• Individuals may also deal with the Executive Office for Immigration Review (EOIR) if their case reaches immigration court, located within the state.
• Scranton's local community organizations and legal aid institutions may provide additional support resources.

Frequently Asked Questions

What is the difference between asylum and refugee status?

Asylum status is typically sought by individuals already in the United States or at its borders, whereas refugee status is applied for by individuals outside the U.S. seeking entry due to persecution.

How long does the asylum process take?

The process can be quite lengthy, ranging from several months to several years, depending on backlogs and individual case circumstances.

Can I apply for asylum with my family?

Yes, individuals can include their spouse and unmarried children under 21 on their application.

Is there a deadline for applying for asylum in the U.S.?

Generally, asylum applications must be filed within one year of arrival in the U.S., although exceptions may apply.

What happens if my asylum application is denied?

If denied, you may be placed in removal proceedings, where you can renew your request for asylum defensively before an immigration judge.

Am I allowed to work while my asylum application is pending?

Applicants can apply for an Employment Authorization Document (EAD) after filing for asylum, providing they meet certain criteria.

What constitutes a well-founded fear of persecution?

This is generally defined as reasonable grounds to believe you will face severe harm due to race, religion, nationality, membership in a particular social group, or political opinion if you return to your home country.

Do I need to be in the U.S. legally to apply for asylum?

No, you can apply for asylum regardless of your immigration status, as long as you meet the eligibility criteria.

Can I travel outside the U.S. while my asylum case is pending?

Traveling outside the country during this time is generally not advised, as it can affect your asylum claim. An advance parole request may be necessary.

How does the asylum interview process work?

The interview involves a USCIS officer who assesses an applicant's credible fear of returning to their home country, as well as evaluates the validity of their claims and submitted evidence.

Additional Resources

For further assistance, consider reaching out to the following:

• U.S. Citizenship and Immigration Services (USCIS)
• American Immigration Lawyers Association (AILA)
• SILPADA (Scranton Immigration Legal Professionals And Dedicated Advocates)
• University-based Legal Clinics or International and Immigrant Law Clinics
• Local non-profit organizations dedicated to immigrant rights and legal assistance

Next Steps

If you need legal assistance in asylum matters in Scranton, it is advisable to contact an immigration attorney who specializes in asylum cases. Organize all necessary documents, prepare a written account of your situation and experiences, and be ready to discuss your fears and personal information confidentially with your lawyer. It's also beneficial to connect with community organizations supporting immigrants and seek their guidance and resources for legal assistance on your journey.