Our law firm is committed to providing comprehensive representation in immigration court, and we achieve this by keeping abreast of the constantly evolving asylum laws and policies in the United States. This brief introduction offers insights into the asylum process, the eligibility criteria, and effective strategies for presenting a strong case in court.
What do I have to prove to the judge to obtain asylum?
To remain in the United States and ultimately attain permanent residency, asylum seekers are required to establish before an Immigration Judge that they hold a “well-founded fear” of persecution if compelled to return to their countries of origin. This entails demonstrating a genuine apprehension of future persecution based on factors such as race, religion, nationality, political beliefs, or membership in a specific social group.
What should be included in my asylum application?
To secure this protection from U.S. authorities, asylum seekers must file an application called the I-589, which must be filed before an Immigration Judge if you have a court date scheduled.
The asylum application should also include statements from the applicant and from credible witnesses who can support the applicant’s case, along with thorough and compelling details outlining the reasons why the applicant genuinely fears returning to their home country.
Maintaining utmost honesty is crucial throughout the application process. Any form of misrepresentation can result in grave consequences, including being accused of submitting a “frivolous” application, which entails severe penalties.
What documents can I use to support my claim?
The documentation required to support your asylum claim can vary depending on the specifics of your case. Examples of documents we have utilized in previous cases include police reports, medical records, complaints, psychological assessments, evidence of membership in a social group or political party, and photographs. This step is undeniably one of the most pivotal aspects of preparing your asylum case.
For expert assistance in compiling and presenting your case, don’t hesitate to get in touch with our team of licensed immigration attorneys. We are here to guide you through the process of documenting your case effectively.
One Year Rule.
Your asylum application must be filed within one year (365 days) from the applicant’s entry into the United States, irrespective of your court date. Failure to do so could have devastating implications on your case.
If filing the asylum application within one year is not possible, then the applicant needs to demonstrate that the delay in the filing was due to extraordinary circumstances or that that the application was filed within a reasonable time after a change of circumstances that make the applicant eligible for asylum.
How long does the asylum process take?
Currently, the asylum process within the Immigration Court can span from approximately 6 months to 6 years, contingent upon the judge’s docket and the overall backlog in the courts.
Towards the end of the immigration court proceedings, a trial is scheduled before a judge, affording the applicant the opportunity to provide testimony and present supportive evidence in favor of their case.
After the asylum applicant presents their case, the government’s attorney is given the opportunity to convince the judge that the applicant is not eligible for asylum in the United States. Normally, the judge renders a decision at the end of such hearing.
Should the judge issue a denial of the asylum request, the applicant retains the option to appeal the decision, initially to the Board of Immigration Appeals (BIA), and subsequently, if necessary, to the federal Court of Appeals. Throughout the duration of the pending appeals process, the applicant is permitted to maintain legal status and stay in the United States.
If the judge grants asylum to the individual, they are eligible to stay in the United States indefinitely. Following one year after being granted asylum, the applicant and their eligible family members can initiate the process to apply for Permanent Residency.
Asylum application forms are intentionally designed to be user-friendly, but it’s of utmost importance to engage the services of an attorney (not a paralegal or notary) to handle the filing of this application on your behalf. It’s essential to recognize that the application serves as the judge’s initial impression of your case. Each question should be truthfully and meticulously answered to maximize your chances of success.
Trust in our expertise as immigration attorneys to provide you with the guidance needed for a successful application.
