Have Your Own Philadelphia Asylum Immigration Lawyer
In the United States, it is part of the fabric of our culture to demonstrate a commitment to human rights. Non-citizens who live in fear of having their basic human rights infringed upon may apply for political asylum in the U.S.
For one to qualify for asylum status, they must possess a well-founded fear of persecution in their home country. This can be on the basis of race, religion, national origin, political opinion, or membership in a particular social group. Such groups may include, but are not limited to members of ethnic or tribal groups, the LGBTQ+ community, and women who have been victims of domestic violence.
An MC Law Group asylum lawyer has the experience and knowledge to guide clients who want to apply for asylum. The asylum process is a complex and complicated immigration issue. Your asylum case is a serious matter and you should seek the most experienced immigration attorneys to handle your case.
What Is the Difference Between Asylum and Refugee Status?
If an individual is in the United States and fears that going back to their home country would lead to the violation of their basic rights, they can apply for asylum status. For those living outside the United States, but meet eligibility requirements such as a justifiable fear of persecution, they can apply for refugee status. People who are granted asylum have several rights, including the ability to reside and work in the United States.
Who Is Eligible for Asylum?
Eligibility for asylum in the United States is based on meeting certain criteria defined by U.S. immigration laws. To be eligible for asylum, an individual must:
- Meet the Definition of a Refugee: A refugee is someone who is unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
- Be Present in the United States: The individual must be physically present in the United States at the time of applying for asylum. Generally, asylum applications must be filed within one year of the individual’s last arrival in the country, although there are exceptions to this deadline.
- Demonstrate a Well-Founded Fear of Persecution: The applicant must establish that they have a well-founded fear of persecution if they were to return to their home country. This fear must be based on one or more of the protected grounds mentioned above.
- Persecution by the Government or Non-Government Actors: The persecution or fear of persecution must be carried out by the government of the applicant’s home country or by individuals or groups that the government is unable or unwilling to control, such as gangs or criminal organizations.
Individuals can apply for asylum regardless of whether they are lawfully in the United States. In other words, an undocumented immigrant can still be eligible for political asylum. To apply for asylum, one must either request it at a port of entry when first entering the United States or file an application within one year of arrival in the U.S.
It’s important to note that each asylum case is unique, and eligibility is assessed on an individual basis. The specifics of an individual’s situation, including their home country’s conditions and the evidence they provide, play a significant role in determining eligibility for asylum.
Furthermore, it’s important to consult with an experienced immigration attorney specializing in asylum cases to navigate the asylum process effectively and understand the most up-to-date requirements and guidelines established by U.S. immigration authorities.
The Application Procedure
To apply for asylum, one must fill out and file a USCIS Form I-589, Application for Asylum and Withholding of Removal. No fee is required to process the application.
An asylum interview must be conducted within 60 days after an applicant files a claim, and the entire process typically takes around 180 days. If the United States Citizenship and Immigration Service (USCIS) asylum officer conducting the interview finds that the request cannot be granted, undocumented applicants will be referred for deportation proceedings before the Executive Office of Immigration Review (EOIR).
An immigration judge will then review the case to determine whether the claim for political asylum is valid. If the Judge determines that it is not, the applicant may be issued an order of deportation. Because the stakes are so high, it is critical to contact an asylum lawyer to protect your rights during the application procedure.
The immigration law firm of MC Law Group has experienced Philadelphia immigration lawyers with extensive experience in asylum law. All aspects of the immigration process are complex and asylum is no exception.
What The Asylum Immigration Lawyer Does For You
An asylum immigration lawyer plays a crucial role in assisting clients throughout the asylum process. Here are some of the key tasks and responsibilities that an asylum immigration lawyer typically handles on behalf of their clients:
- Legal Advice and Evaluation: An asylum attorney provides legal advice from the beginning stages and evaluates the client’s eligibility for asylum based on their individual circumstances. They assess the claim of the asylum applicant, review supporting evidence, and determine the strengths and weaknesses of the immigration case.
- Application Preparation: The attorney assists the client in preparing and filing the asylum petition, ensuring that all required forms are completed accurately and supporting documentation is included. They help gather evidence, draft affidavits, and prepare a comprehensive and compelling case when they file for asylum.
- Supporting Documentation and Evidence: Immigration attorneys help clients gather relevant supporting documentation and evidence to substantiate their asylum petitions. This may include personal statements, witness affidavits, country condition reports, expert opinions, medical records, and other relevant documents.
- Representation in Interviews and Proceedings: The immigration attorney represents the client during asylum interviews conducted by the U.S. Citizenship and Immigration Services (USCIS) or before an immigration judge in removal proceedings at the asylum office or immigration court. They prepare the client for the interview, advise them on the appropriate responses, and advocate for their interests.
- Legal Strategy and Case Presentation: An experienced immigration lawyer develops a strong legal strategy tailored to the client’s specific situation for obtaining asylum. They present the case effectively, highlighting the relevant legal arguments and evidence, and articulate the client’s fear of persecution based on protected grounds.
- Communication with Government Agencies: The immigration attorney communicates with the USCIS, Immigration Court, and other relevant government agencies on behalf of their client applicant. They handle correspondence, respond to requests for additional evidence, and ensure that all necessary documents are submitted in a timely manner.
- Appeals and Review: If the client’s asylum application is denied, the attorney can assist with filing an appeal or seeking a review of the decision. They analyze the reasons for denial, identify grounds for appeal, and prepare the necessary documentation to challenge the decision.
- Protection of Client’s Rights: An asylum attorney ensures that the client’s rights are protected throughout the asylum process. They advocate for the client’s best interests, safeguard confidentiality, and address any concerns or challenges that may arise during the proceedings.
By engaging an experienced asylum attorney, clients benefit from their legal knowledge, expertise, and guidance, increasing their chances of a successful asylum outcome. The attorney’s role is to navigate the complex legal process, provide strategic advice, and advocate for the client’s asylum claim, ultimately aiming to secure protection and relief from future persecution.
Philadelphia Immigration Lawyers at the Law Offices of MC Law Group, LLC Represent People Seeking Political Asylum
We proudly represent non-citizens impacted by present or past persecution in their country and who seek a better life in the United States. To schedule a free consultation with one of our experienced Philadelphia immigration lawyers at MC Law Group, LLC call us today. We strive to provide our clients with the highest quality legal representation for a full range of immigration issues.
Frequently Asked Questions
What happens after I submit my asylum application?
After submitting your application, you will be scheduled for an interview with an asylum officer from the USCIS. During the interview, you will be asked questions about your background, reasons for seeking asylum, and the evidence you provided.
What types of evidence should I include to support my asylum claim?
It is crucial to provide as much credible evidence as possible to support your asylum claim. This may include personal statements, witness affidavits, country condition reports, news articles, medical records (if applicable), and any other relevant documentation that substantiates your fear of persecution.
What happens if my asylum application is denied?
If your asylum application is denied, you may be placed in removal proceedings and be at risk of deportation. However, you may have the opportunity to appeal the decision before an immigration judge. It’s crucial to consult with an experienced asylum lawyer to understand your options and determine the best course of action.
Can I work in the United States while my asylum application is pending?
Yes, after a waiting period of 150 days from the date of filing your complete asylum application, you may be eligible to apply for employment authorization, also known as a work permit.
Can my family members be included in my asylum application?
Yes, eligible family members may be included in your asylum application as derivatives. This typically includes spouses and unmarried children who were under 21 years old at the time of filing the application.
