Staying safe in the US as an immigrant starts with knowing your rights and having the right asylum attorney in Elmhurst in your corner. You are being persecuted in your home country, and you are immigrating to the United States as an asylum seeker.
The asylum process is overwhelming. You don’t have to try to go through it alone. An experienced asylum attorney in Elmhurst can walk you through each step and bring you to triumph.
This post will help you understand the dynamics of the US asylum system and how to go through the process with an asylum attorney in Elmhurst.
What is asylum, and am I eligible?
Asylum is a form of protection afforded to those who are present in the United States and do not wish to return home because they will be persecuted. You must establish that you have been or will be persecuted on one of the five areas:
- Race: Been harassed due to your race, i.e., institutional persecution or harassment of your racial group.
- Religion: Harassment on grounds of religious belief, practice, or failure to conform to state religions. I.e., persecution for following your religion or coerced conversion.
- Nationality: Harassment on grounds of citizenship, ethnic origin, or cultural characteristics. It also includes ethnic cleansing or minority persecution.
- Political opinion: Persecution on grounds of your political views, activities, or even the ones that other individuals would think you may not necessarily have.
- Specific social group: Persecution due to gender, sexual orientation, family relationship, or other specificity of social group.
These must be by your government or groups in your own nation that your government does not or will not control. Economic hardship is not a reason for asylum.
Ways to safety in asylum:
There are two general ways of seeking asylum in the United States, and it is worth knowing which path you qualify for.
- Affirmative process of asylum.
You may apply directly to the US Citizenship and Immigration Services (USCIS) for asylum if you are not in removal proceedings. The process is as follows:
- Submit Form I-589 within one year of your last entry into the United States.
- Fixing an appointment and showing up for a biometrics appointment to be fingerprinted and asked about background.
- Asylum interview with a USCIS officer.
- Deferred action on your case: The whole process will only take up to six months from application to decision, although wait times for interviews range from a few months to several years based on your location and the complexity of your case.
- Defensive asylum process.
When you already have your cases before a judge in court, you claim asylum as a shield against deportation.
You do this by going to immigration court, where you will be requested to demonstrate that you merit asylum so you can be protected against being deported back to your country.
Why do you need an asylum attorney in Elmhurst?
Asylum is intricate, and minor mistakes will result in delays, denials, or deportation.
This is how an asylum attorney in Elmhurst can safeguard your future:
- Master’s understanding of immigration law.
Asylum attorneys in New York are familiar with the immigration law and can understand the ever-evolving requisites. They recognize which facts support your case and how to present your case in an admissible form for the law.
- Avoiding devastating mistakes.
Some of the errors that will kill asylum cases are failing to reach the one-year point, filling in forms incorrectly, conflicting evidence, and failing to gather adequate evidence.
Your professional asylum attorney in New York saves you from committing such errors that will kill your case in its infancy.
- Establishing a strong case.
Your asylum attorney in Elmhurst will assist you in gathering adequate evidence to build your case. They are:
- Persecution injury-verified medical reports.
- Government threat or police attack reports.
- Equally informed witnesses’ affidavits on your behalf.
- Country of origin reports that reveal cases of risk.
- Photographs, news articles, or other supporting evidence to corroborate your account.
- Form filling and documentation of laws.
Form I-589 is lengthy and laborious, particularly if your language is not English. Your asylum attorney in New York makes sure all the pages are comprehensively filled with all your information that will be advantageous for your case. Your asylum attorney in New York fills out all the government correspondence and legal documents.
- Interview and hearing preparation.
Your asylum interview is usually the most critical part of your case. Your asylum attorney in Texas will:
- Acclimate you to the nature of questions that will be asked.
- Give yourself a chance to rehearse recounting your story clearly and understandably.
- Inform you about what being interviewed is like.
- Accompany you to the interview to assist and represent.
- Representation during legal proceedings.
If you have your case in immigration court, it is much better to have an asylum attorney in Texas. They can speak for you, combat frivolous questions, and protect your rights along the way.
Step-by-step asylum process :
Understanding what happens at every stage of the process eliminates suspense and prepares you. Here is what you can anticipate experiencing after you sit down with an asylum attorney in Elmhurst:
- Initial consultation.
Your attorney will tell you if you could be eligible for asylum and how well your case is. The free, confidential consultation is a chance to present your case and hear about your legal options available with no obligation.
- Collecting evidence and drafting your application.
Your asylum attorney in Texas collects evidence for you to file your case and drafts Form I-589 and your whole personal statement. This is an extremely crucial step because your written petition forms the basis of your whole case.
- Filing your application.
Your asylum attorney in Elmhurst ensures your request is filed properly on time to USCIS. Your attorney does it all for you and provides you with copies of what is filed.
- Biometrics appointment.
You must also go for a scheduling appointment where the government will take your fingerprints and your photograph for background checks. This is usually 4-8 weeks after the application.
- Work authorization application.
Your asylum attorney in Texas can also get you a work permit 150 days after applying for asylum. This will allow you to work legally until the case hearing.
- Preparation for and attendance at an interview.
Your asylum attorney in Elmhurst prepares you for the asylum interview and is even capable of accompanying you for reassurance. They equip you with all the documents and teach you how to provide brief and uniform responses.
- Receiving a decision.
Your attorney informs you of your new rights and responsibilities once your asylum is approved. In case it is denied, they inform you of how to appeal or continue your case.
Life after asylum grant:
An asylum grant allows a fresh start in America. You are eligible for:
- Remaining and working in the United States.
- Green card application after one year of asylum grant.
- Possibility of getting United States citizenship in the future.
- Sponsoring your unmarried and under-21-year-old children to immigrate to join you so that you can be together.
Family reunification for asylum recipients:
One of the best things about asylum is that you can have your closest loved ones with you. Once you have been admitted to asylum, you can apply on Form I-730 for your spouse and unmarried children under 21 years of age to enter and live with you. You have two years from asylum admission to do so.
Family reunification means that relatives are granted the same protection as you and your family can start a new life together in peace.
Selecting the top asylum attorney in Elmhurst:
In selecting an asylum attorney in Elmhurst, select one who:
- Is an immigration and asylum lawyer expert.
- Represents cases such as yours.
- Can speak your language or has qualified interpreters.
- Explains the process in simple, plain English.
- Charges reasonable fees.
Get help!
Getting asylum in the US is a life-altering decision that you must make. The process is intense, but with the right asylum attorney in Elmhurst to guide you through it, you can merely concentrate on telling your story while they take care of the paperwork.
Keep in mind that you typically have only one year from when you first entered the United States to seek asylum. Don’t wait – the sooner you have experienced our asylum attorneys at Gehi and Associates fighting for you, the stronger your case will be.
Your own future, and that of your family, hangs in the balance on doing it once. Our asylum attorneys in Elmhurst will not just apply for asylum for you – we become your shepherd, and your fight partner in the fight for freedom and security in America.
To secure the protection you deserve, contact us now!
FAQs for an asylum attorney in Elmhurst:
- How long do I have to make an asylum application in the United States?
You must typically request asylum within a year of your latest entry into the United States. Discretionary exceptions on the grounds of changed circumstances or extraordinary circumstances may be made, but must be supported by compelling reasons and must be pursued through the aid of an asylum attorney promptly.
- Can I work while my case is pending?
Yes, you can seek permission to work 150 days after submitting your asylum application. With authorization, your work permit allows you to work legally in the United States while your case is under consideration.
- What if my asylum application is denied?
If USCIS rejects your successful asylum application, your case is referred to immigration court for removal proceedings, where you can once again try your case before an immigration judge. If you are already in court and your case is rejected, you can appeal or seek other relief.
- Do I need to be English proficient to appear for my asylum interview?
No, you can have an interpreter come with you to your asylum interview. You can bring a certified interpreter with you if you are unable to take the interview in English, or ask for one from the government.
- Can my family members be included in my application for asylum?
Yes, your unmarried minor children who are under 21 years and your spouse can be included in your asylum application if you are immigrating with them. You can include them on your application when you immigrate to America, once asylum has been granted to you, if you immigrate with them from another country.
- Will there be a fee to apply for asylum?
There is no filing charge for Form I-589 (application for asylum). You are paying the application fees for work authorization and paying an annual fee to keep your case in active status, awaiting a decision.
- What should I submit with my asylum application to support it?
You will also be required to bring with you any proof of persecution that you possess, including medical records, police reports, witness statements, country reports, photographs, and any other corroborating documentation of your testimony. Your asylum attorney in Elmhurst can help you obtain and prepare evidence.
- Can I leave the United States while my case is pending?
By and large, traveling outside the United States during the pendency of your case constitutes abandonment of your case. In emergencies, speak with your attorney about the possibility of advance parole.
- How long is the process for asylum?
The timing is far longer. Efficient asylum is typically six months from receipt to disposition, and delays in processing on interviewing are several months to several years based on one’s location and the type of case. Immigration court defensive asylum cases are even longer.
- How is asylum different from refugee status?
Both the status of refugee and asylum are based on the same protection, but where there is a difference is that the refugees apply outside the United States abroad before entering the United States, and the asylum applicants apply upon entry into the United States.
Both statuses, once they are achieved, have the same advantage towards permanent residence and citizenship.
