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Individuals who seek asylum have left their home country and are unable or unwilling to return due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group.
To be granted asylum in the United States, an individual must demonstrate that they meet the definition of a “refugee” defined in the Immigration and Nationality Act (INA). The INA defines a refugee as an individual who is unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. An individual may also be granted asylum if they are fleeing an imminent threat of death or severe harm.
It is important to note that individuals must demonstrate that they are unable or unwilling to return to ANY part of their country to be eligible for asylum in the United States. If an individual can safely return to another region of their home country, they will not qualify for asylum in the United States.
If you have been persecuted in your home country on account of one of the five protected grounds listed above, or if you have a well-founded fear of persecution on one of those grounds, you may be eligible for asylum in the United States. doitmart
Persecution can take many forms, including but not limited to: physical violence, psychological abuse, sexual abuse/violence, economic coercion/restrictions, discrimination, imprisonment, and torture. If you have been subjected to any of these forms of persecution or live in fear that you will be persecuted if you return to your home country, you may be eligible for asylum.
There is no deadline for applying for asylum, and you may use it regardless of how you entered the United States (including whether you entered without authorization). You may also apply for asylum regardless of your current immigration status. Suppose you believe you may be eligible for asylum. In that case, it is essential to seek out experienced legal counsel as soon as possible, as the application process can be complicated, and there are strict deadlines.
The process of asylum
The asylum process is complicated, and many steps must be taken for an individual to be granted asylum. The first step is to establish that the individual is, in fact, eligible for asylum. This can be done by proving that the individual has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Once it has been established that the individual is eligible for asylum, they must then apply with the appropriate government agency. If the application is approved, the individual will be granted a hearing before an immigration judge.
At the hearing, the individual must present evidence supporting their asylum claim. If the judge finds that the individual has met the burden of proof, they will be granted asylum and allowed to remain in the country. However, if the judge denies the individual’s claim, they may be deported back to their home country.
Who is eligible for asylum?
Under U.S. law, asylum is available to individuals who meet the definition of a “refugee.” A refugee is someone unable or unwilling to return to their country of nationality due to a well-founded fear of persecution based on race, religion, ethnicity, membership in a particular social group, or political opinion. To be granted asylum, individuals must demonstrate that they meet this definition and are not ineligible for asylum.
There are several grounds on which an individual can be found ineligible for asylum, such as if they have been convicted of a grave crime or were previously granted asylum in another country.
Individuals seeking asylum must also file their application within one year of their last arrival in the United States. If you believe you may be eligible for asylum, it is essential to seek the assistance of an experienced immigration lawyer who can help you navigate the complex application process.
Where to find accessible asylum attorneys?
Asylum seekers in the United States have the right to attorney representation, but finding a free or low-cost lawyer can be difficult.
Several national and local organizations provide free or reduced-cost legal services to asylum seekers, including the American Immigration Lawyers Association (AILA), the Refugee and Immigrant Center for Education and Legal Services (RAICES), and the Immigration Law Center of Minnesota (ILCM). Additionally, many law schools offer pro bono asylum clinics, where students can learn about asylum law while providing free representation to clients.
Finally, private attorneys offer sliding scale fees or pro bono services to asylum seekers. These attorneys, such as Free Legal Aid and Avvo.com, can often be found online.
Benefits of an asylum lawyer
Asylum lawyers can help their clients in several ways:
- They can help to gather evidence to support their client’s claim. This might include documenting torture or abuse or collecting witnesses’ statements.
- They can help their clients to navigate the complex asylum application process. This includes filing the necessary paperwork and appearing at interviews with immigration officials.
- An asylum lawyer can represent their client in court if necessary.
While the asylum process can be daunting, an experienced lawyer can provide much-needed guidance and support.
Summing up
Asylum seekers in the United States have the right to legal representation, but finding a free or low-cost lawyer can be difficult. Several national and local organizations provide asylum seekers free or reduced-cost legal services.
Additionally, many law schools offer pro bono asylum clinics, where students can learn about asylum law while providing free representation to clients. Finally, many private attorneys offer sliding scale fees or pro bono services to asylum seekers. These attorneys, such as Free Legal Aid and Avvo.com, can often be found online.
Call us!
If you are seeking asylum in the United States, it is essential to seek the assistance of an experienced immigration lawyer. Ruby Powers Law can help you file the necessary paperwork and represent you in court if required. With their help, you have a better chance of having your case approved. Contact Ruby Powers Law today to schedule a consultation!
