Best Asylum Lawyers in United States

About Asylum Law in United States

Asylum law in the United States is designed to protect individuals who have fled their home countries due to persecution or fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The U.S. government provides asylum as a form of protection, allowing these individuals to stay in the country rather than return to potentially dangerous situations. The process typically involves submitting an application for asylum, attending a hearing, and presenting evidence to support the claim of persecution.

Why You May Need a Lawyer

While it is possible to apply for asylum without an attorney, legal representation can be crucial for several reasons:

• The asylum process is complex, and understanding the nuances of immigration law can be overwhelming without professional help.
• A lawyer can help you gather and present evidence effectively and ensure all documentation is correctly filed and submitted on time.
• Legal representation can improve your chances of success, as attorneys are experienced in making compelling legal arguments and understanding precedents.
• In some cases, communication barriers may exist, and a lawyer can help bridge these gaps by facilitating interpretation and translation services.
• If your application is denied, a lawyer can assist with appeals or exploring other forms of relief or legal immigration options.

Local Laws Overview

In the United States, asylum is governed by both international treaties and federal law, primarily the Immigration and Nationality Act (INA). Key aspects relevant to asylum include:

• The need to demonstrate a well-founded fear of persecution based on specific grounds like race or political opinion.
• The one-year filing deadline from the date of arrival in the U.S., although exceptions can be made under certain circumstances.
• The potential for bars to asylum, including previous persecution of others or certain criminal convictions.
• The importance of consistency and credibility in presenting one's case, as discrepancies can harm credibility assessments.
• Options for appeal and the appellate process if an asylum application is initially denied.

Frequently Asked Questions

What is the difference between asylum and refugee status?

Both asylum and refugee status are forms of protection for individuals fleeing persecution, but they differ in their location during the application process. Refugees apply from outside the U.S., while asylum seekers apply from within the U.S. or at its borders.

How long does the asylum process take?

The time varies significantly; it can take anywhere from a few months to several years, depending on individual circumstances and case backlog.

What if I miss the one-year filing deadline?

While there is a one-year deadline from arrival in the U.S., exceptions exist for those who can demonstrate changed circumstances affecting eligibility or extraordinary circumstances causing the delay.

Can I work while my asylum case is pending?

Asylum seekers can apply for an Employment Authorization Document (EAD) 150 days after submitting their complete asylum application, providing the application is not delayed due to applicant's requests.

What evidence is needed to support an asylum claim?

Applicants need documentation such as affidavits, witness statements, country conditions reports, and other evidence demonstrating persecution or the threat thereof.

Can family members be included in the asylum application?

Yes, a spouse and unmarried children under 21 can be included in the asylum application or apply as derivatives if the principal applicant is granted asylum.

What happens if my asylum application is denied?

If denied, applicants may appeal to the Board of Immigration Appeals, or in some cases, seek review in federal court. Denial could also result in removal proceedings.

Does receiving asylum status lead to a green card?

Yes, after one year of being granted asylum, an asylee can apply for lawful permanent resident status (green card).

Is it safe to travel back to my home country after getting asylum?

Traveling back to the country you fled from can jeopardize your asylum status, as it may suggest that you no longer fear persecution.

Can an asylum seeker be detained?

Yes, asylum seekers may be detained. However, they can request a bond hearing to potentially be released on bond while their case is processed.

Additional Resources

Here are some valuable resources and organizations that can assist individuals seeking asylum:

• U.S. Citizenship and Immigration Services (USCIS): Provides official guidelines and application forms.
• United Nations High Commissioner for Refugees (UNHCR): Offers guidance and support for displaced individuals.
• American Immigration Lawyers Association (AILA): Offers resources and access to experienced immigration lawyers.
• Asylum Seeker Advocacy Project (ASAP): Provides legal assistance and support networks for asylum seekers.
• Local community organizations and legal aid societies: Frequently provide free or low-cost legal assistance.

Next Steps

If you need legal assistance with asylum, consider the following steps:

• Contact a reputable immigration attorney or a legal aid organization skilled in asylum cases.
• Gather essential documents and evidence pertinent to your asylum claim.
• Prepare for the asylum interview thoroughly with legal counsel.
• Stay informed about your case and keep track of all deadlines and correspondence from immigration authorities.
• Consider joining support groups for asylum seekers that can offer community and guidance.