If you are seeking asylum in the United States, having an experienced asylum lawyer by your side can mean the difference between receiving asylum and not. A skilled immigration asylum lawyer understands the intricacies of U.S. asylum law and can help you navigate the legal system, ensuring you provide a complete and well-supported application.
At EMP Law, our attorneys have extensive experience assisting asylum seekers, providing compassionate and skilled representation to those fleeing persecution. EMP Law fights tirelessly for our clients, ensuring they receive the legal protection they deserve.
With a strong history of defending clients against powerful opponents, our firm is committed to protecting your rights and helping you make a new home in the United States.
What Is Asylum?
Asylum is legal protection individuals who have fled their home countries may receive if they have a well-founded fear of persecution in that country based on the following:
- Race,
- Religion,
- Nationality,
- Political opinion, or
- Membership in a particular social group.
Those granted asylum can remain in the United States, apply for lawful permanent residence, and eventually seek citizenship.
What Does Persecution Mean?
Persecution refers to serious harm or threats that an individual cannot escape by relocating to another part of their home country. Harm and threats can include physical violence, imprisonment, and torture.
It can also involve restricting an individual’s rights, like preventing them from expressing opinions or traveling throughout the country.
What Is a Well-Founded Fear?
A well-founded fear of persecution means an individual has a legitimate and credible fear of returning to their home country. To prove a fear is credible, you need to offer evidence, such as details about experiences in the country, general country conditions, or threats received.
What Is a Particular Social Group?
A particular social group is a set of individuals who share common characteristics, like:
- Gender,
- Sexual orientation, or
- Family ties.
Particular social group is the broadest category in asylum law, offering more flexibility than other grounds.
Applying for Asylum
Asylum seekers apply using different processes depending on whether they are or are not in removal (deportation) proceedings. If you apply while in removal proceedings, you apply for “defensive” asylum—defending against the government’s claims that you should be deported.
If you are not in removal proceedings, you apply for affirmative asylum. Each process has distinct steps and requirements, depending on the applicant’s legal status in the U.S. Your rights and official legal status—an asylee—are the same once you get asylum, regardless of the route.
Affirmative Asylum
The affirmative asylum process involves:
- Submitting Form I-589 to United States Citizenship and Immigration Services (USCIS),
- Attend a fingerprinting appointment and pass a background check,
- Attend an asylum interview with USCIS, and
- Receive a decision from USCIS.
If USCIS does not approve your asylum application, they may refer your case to immigration court, where you can apply for defensive asylum.
Defensive Asylum
The defensive asylum process occurs when an individual is already in removal proceedings and involves:
- Attending immigration court hearings with an immigration judge;
- Notifying your judge that you are applying for asylum;
- Providing testimony, evidence, and legal arguments to support your asylum claim; and
- Receiving the judge’s decision.
The defensive asylum process is particularly challenging to face without the assistance of an experienced lawyer. The court hearing process involves a trial, with an attorney for the government offering evidence. Facing this process alone can be intimidating and face you at a serious disadvantage.
Do I Need a Lawyer to Apply for Asylum?
While it is possible to apply for asylum on your own, asylum is a complicated legal concept. Lawyers for asylum seekers have a grasp of the law, what it requires, and how to prove you fit into the requirements for asylum.
A knowledgeable lawyer can help gather supporting evidence, submit written documents connecting your evidence to the law, prepare for interviews, and represent you in court.
Typically, hiring an immigration lawyer for asylum is essential to ensure you get the best chance, especially when seeking defensive asylum.
Contact EMP Law Today
If you or a loved one is seeking asylum, you do not have to face the process alone. At EMP Law, we are committed to advocating for asylum seekers and ensuring their legal rights are protected. Contact EMP Law today to schedule a consultation and discuss how we can assist with your asylum case.
Taking immediate action is critical because the asylum process has strict deadlines, including a one-year application filing deadline. Let our dedicated immigration lawyers provide the guidance and support you need to secure your future.