If you are seeking asylum in the United States, first and foremost, our hearts go out to you for the pain and trauma you were likely forced to endure in  your home country prior to fleeing to the U.S. The ability to claim asylum is important and offers a pathway for protection within the U.S. so you do not have to return to your home country.

 

If your asylum application is approved, you will then be able to live in the United States, obtain work authorization, become a Green Card holder, and ultimately file to become a U.S. citizen. Palacio Law can help you determine if you are in fact qualified to petition for asylum. Palacio Law can also provide the legal services to file on your behalf and represent you through the legal process. 

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Overview of the Asylum Process

 

In order to qualify for asylum, you must establish that you are a refugee unable to return to your country of nationality because of the following: 

 

• Actual persecution; 

• A well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion.

 

Basically, you bear the burden of providing sufficient evidence to establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the main reason for your persecution or why you fear persecution. It is also important to note that economic hardship is not a viable reason to file an application for asylum.

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Deadline to File for Asylum

 

When you arrive in the United States, it is important to be proactive and speak to a knowledgeable immigration lawyer in DC and VA sooner rather than later about applying for asylum. Why? Because the deadline for filing an asylum application is within one year of entry into the United States.

 

Filing for Asylum

 

If you are already in the United States, ideally on a valid visa, you can apply for asylum by completing USCIS form I-589. This process is known as Affirmative Asylum. For asylum seekers outside the United States, and do not have a valid visa to enter the US, you can claim asylum at a port of entry, such as a border crossing. This process is known as Defensive Asylum. 

 

Once your asylum petition is filed, the process can take from months to years to be reviewed. Approximately five months following the filing of your asylum application, you will generally be allowed to apply for authorization to work in the United States.

 

At some point, typically between one and three months after filing your asylum application, you will be contacted to schedule an interview with USCIS. If the USCIS officer is satisfied that you have a legitimate claim for asylum, they may grant it. If there is any uncertainty based on the information provided, your asylum case will then be referred to a court for further review by an immigration judge. For this reason alone, it is critically important to have a skilled DC immigration lawyer assist you with the application process and represent you before the government. focuses on asylum. Not all immigration attorneys are competent to represent you in these proceedings so, choose your asylum attorney wisely.

 

Approval of Asylum Application

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If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States. At some point, you may eventually be able to obtain lawful permanent resident status, otherwise known as a Green Card holder.

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If you are not granted asylum, the Department of Homeland Security may use the information you provide to establish that you are removable from the United States. This is why asylum applications are high-stakes matters that warrant retaining the services of a knowledgeable and effective immigration attorney in DC and VA.

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What an Asylum Lawyer in DC Will Do for You

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When you hire a skilled asylum attorney in DC and Northern Virginia, they will help take some of the burden off your shoulders by assisting in the drafting and filing of your asylum petition. In addition, your lawyer will be there to answer your questions every step of the way, helping you file for a work authorization while your asylum application is pending and checking on the status of your case. Your lawyer can also represent you in court if necessary. Also, if your asylum application is, for whatever reason, denied and you are referred for removal proceedings, your DC immigration attorney will work tirelessly to get you the best possible outcome.

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