If you have to flee your home countries due to persecution, getting asylum in the United States may be a legal option that changes your live forever. Unfortunately, the asylum process is highly complex, and it can be overwhelming to handle without the right legal representation. If you need assistance applying for asylum, an empathetic asylum lawyer from Karlin & Karlin can review your situation and explain your options.
At Karlin & Karlin, our skilled legal team has years of combined experience in successfully helping individuals apply for asylum and achieve a legal status that grants them humanitarian protections. We understand the high stakes associated with such cases, including your future and safety. Therefore, we can leverage compassionate and aggressive legal tactics to navigate the asylum process and protect your rights and interests.
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Seeking Safety Through Asylum? We’re Here to Stand With You.
Your safety and future matter. Applying for asylum is more than paperwork—it’s about protecting your life and loved ones. With over 40 years of experience, Abogados Karlin will guide you step by step, defend your rights, and give you the strongest chance to remain safely in the U.S. Contact us today to begin your asylum journey with trusted support.
What is Asylum?
For individuals who cannot go back or fear returning to their home countries because they may be persecuted, asylum can provide legal protections. Asylum law in the United States was established to shelter individuals whose freedom or lives may be under threat due to politics, nationality, religion, race, or membership in a particular social group.
If you are granted asylum, you could get the right to work and live in the U.S., with the potential to later apply for a green card, ultimately making you eligible for U.S. citizenship.
Applying for asylum involves demonstrating that you have a credible fear of persecution or have been persecuted in the past based on a protected characteristic. This involves providing crucial evidence, like police reports, medical records, and reports on events in your country.
Who Qualifies for Asylum?
To qualify for asylum in the United States, you must meet the legal definition of a refugee. In simple terms, this means you have been harmed in the past, or you truly fear being harmed if you return to your home country. That fear must be connected to your race, religion, nationality, political opinion (real or assumed), or your membership in a particular social group. The harm must come from the government or from people the government cannot or will not control.
An experienced asylum lawyer can help you understand whether your situation qualifies and guide you through the process. It’s also important to know that not everyone is eligible. You may be disqualified if you have certain criminal convictions, if you harmed others in the past, or if you waited too long to apply for asylum.
Which Type of Asylum Applies to You?
There are two major types of asylum in the United States, which are:
Affirmative asylum
Individuals applying for affirmative asylum proactively file with United States Citizenship and Immigration Services (USCIS). During this process, the applicant is interviewed by an asylum officer to determine if they’re eligible. If they face denials, they could be referred to an immigration court for their case to be further processed.
Defensive asylum
Defensive asylum is filed in defense against deportation or removal proceedings in immigration court. This process involves the applicant bringing their case in front of an immigration judge, who will make a final decision about whether they should be granted asylum.
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How Does the Asylum Application Process Work?
If you’re thinking about applying for asylum, here’s what the process usually looks like. Working with an experienced asylum lawyer can help make each step clearer and reduce mistakes.
Filing Form I-589
The process starts when you file Form I-589, the Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). In most cases, you must submit this form within one year of arriving in the United States, unless special circumstances apply.
Biometrics Appointment
After USCIS receives your application, you’ll get a notice with an appointment for biometrics. This is when your fingerprints and photos are taken so the government can run background checks.
Asylum Interview
Next, you will attend an interview with a USCIS asylum officer. During this meeting, the officer will ask detailed questions about your background and why you are afraid to return to your home country. It’s very important to be honest, clear, and complete with your answers. Many people choose to have an asylum lawyer help them prepare for this interview.
Decision From USCIS.
After the interview, USCIS will review your case and send you a decision. Some decisions come within weeks, but others may take longer depending on how complex the case is.
Approval
If your asylum application is approved, you are allowed to stay in the United States. After one year, you may apply for a green card and become a lawful permanent resident.
Referral to Immigration Court.
If USCIS does not approve your application, your case is sent to immigration court. This starts the defensive asylum process, where you will present your case to an immigration judge. Having an asylum lawyer is especially important at this stage to protect your rights and present strong evidence.
How an Asylum Lawyer Can Support You With Your Case
It’s crucial to note that there is a one-year filing deadline to apply for affirmative asylum in the United States. There can, however, be exceptions made to this rule. A dedicated asylum lawyer can assist you with gathering the evidence needed to back your claims for asylum. They can then compellingly present it to clearly show your side of the story. They can also help you meet crucial deadlines to protect your right to pursue legal protections.
Our experienced asylum attorney can assist you with preparing for any required asylum interviews or court hearings. They can also make sure your documentation or applications are accurately completed and submitted on time. Your attorney can advocate fiercely on your behalf and, if you face denials, support you with navigating the appeals process.
Experienced Legal Help, Delivered with Care and Commitment.
FAQs About Asylum Law
How Long Do I Have to Apply for Asylum After Entering the U.S.?
Generally, you will need to apply for asylum within one year of entering the United States. There may, however, be exceptions to this, especially for people who can show they have extraordinary circumstances or a change in their situation, which could serve as a justification for delaying their application. An experienced asylum lawyer can explore your options and make sure your case meets crucial deadlines to protect your interests.
Can I Work While My Asylum Application Is Pending?
Yes, it is possible to work while your asylum application is pending. However, it requires applying for employment authorization. After an asylum application has been pending for 150 days and a decision has not been granted, individuals can apply for an Employment Authorization Document. After this document has been approved, EAD holders can legally access the United States job market until the case is ultimately resolved.
What Is the Difference Between Asylum and Refugee Status?
The difference between asylum and refugee status lies in where the applicant is applying from. With asylum applications, applicants are typically already located in the U.S. or at a port of entry, while those applying for refugee status are doing so from outside of the country and are working to obtain permission to enter. Both asylum and refugee status are granted on the grounds of persecution in the country of origin based on certain characteristics, such as religion or race.
What Happens at an Asylum Interview?
At an asylum interview, a USCIS asylum officer will pose intricate questions regarding your fear of persecution in your country of origin, your previous experiences, and your general background. You will be required to demonstrate robust evidence and show that your testimony is consistent. A knowledgeable asylum attorney can prepare you for this interview, helping you present your case in an optimal light.
What Happens If My Asylum Application Is Denied?
If you are facing an application denial you still have legal options. You could be referred to immigration court for removal or deportation proceedings. At this point, however, it’s possible to request a hearing in front of an immigration judge, who can go over your case and come to a final decision. You may also have the opportunity to appeal your decision to the Board of Immigration Appeals.
A dedicated asylum lawyer can help you take concrete steps to protect your right to stay.
Defend Your Rights and Interests With a Compassionate Asylum Lawyer
Whether you’ve just arrived in the United States, or your loved one is facing a removal or deportation order, applying for asylum status is a robust legal option for individuals facing persecution in their country of origin. Our skilled asylum lawyer from Karlin & Karlin can determine whether asylum may be an option for you. Schedule a consultation today!
