Asylum / Asylum Lawyers
If you need assistance or help with an immigration procedure, the immigration lawyers of Lluis Law can help you with whatever you need. We can assist you in family immigration petitions, asylum applications, visas and residences based on business or investment and even representation in deportation proceedings.
Obtaining the benefit of asylum or refuge in the United States is a process that is somewhat complex due to the procedures and requirements that must be met to obtain it. Asylum is requested when a person fears facing persecution, torture or death for political reasons, race, religion and belonging to a social group or nationality in their country of origin or provenance.
Individuals who wish to apply for asylum in the United States have one calendar year to apply for this immigration benefit unless the political, economic or natural conditions of the country change due to exceptional circumstances.
Asylum is usually granted to non-citizens who are already in the United States and who, because of the circumstances, are unable or unwilling to return to their country of origin. When the person receives the asylum, they can live, study and work in the country and one year later apply for permanent residence or Green card.
For purposes of administrative processing, the fundamental difference between asylum and refuge is that this last benefit is obtained by people who are outside the United States, while to receive asylum the request must be made within the United States.
Why is it important to hire an asylum lawyer?
The person seeking asylum in the United States must prove that he has been persecuted or tortured in the past or has a well-founded fear that she will be persecuted in the future if he/ she has to return to her country of origin. This means that the burden of proof falls directly on the asylum seeker.
Immigration authorities are increasingly fussy about the evidence presented because they have observed that in many cases the alleged evidence is false. Hence, they now investigate more by requesting information from their respective embassies, from governments accused of persecuting and from other public and private organizations.
In this way, they verify if the legal documents, photographs, videos, testimonies and other evidence presented by the asylum seekers (usually political) are real. To qualify for this type of relief, the applicant needs not only real evidence but also quality legal advice to build a solid case.
United States immigration laws and their application in practice are currently tightening, to the point that not even many legal immigrants are fully confident that their legal status may be sufficient to remain in the country. This is one reason why foreigners must protect themselves and prevent their rights from being violated.
The other reason is that proving persecution for asylum cases can sometimes be difficult, especially when the applicant does not have enough evidence. However, an asylum lawyer with experience and extensive knowledge of these procedures can help in many ways to build a successful case.
First of all, it tells you honestly if you have a case or not (that’s why it’s so important to know who you’re hiring by reviewing your service sheet) so you do not waste time or money. Second, it helps to gather substantial and credible evidence. Then assist the immigrant at each stage of the asylum process (including the interview) and organize the information that will be presented to the asylum officer or to the immigration judge who is reviewing the case.
With adequate legal assistance, the chances of obtaining asylum in the U.S. increase considerably. If for some reason, before or after initiating the process, it is determined that the asylum application does not proceed, the immigration attorney will tell you what other relief options are available to you. The important thing is to always have at hand other options to stay legally in the country.
Who is eligible to obtain asylum?
Foreigners who can prove they were or will be persecuted in the future and are already in the United States, but have less than one year of arrival (there are exceptions). An asylum lawyer in Los Angeles can give you details on this point.
In the same way, also foreigners who are currently in their country of origin and arriving at a port of entry of the United States (airport, seaport or border crossing), are declared persecuted in their country of origin and request asylum.
To request asylum, no legal representation is required, but an interpreter is needed to help translate the documents (evidence and letter explaining the reasons for requesting asylum). If you are not fluent in English, you will also be asked to accompany an interpreter during the interview with the USCIS asylum officer.
Foreigners who reside legally or illegally in the country can present by themselves or through a lawyer the request for asylum or withholding of removal, within one year of their arrival in the United States. Sometimes it is allowed to apply for asylum after one year of arriving in the US (illness, the political situation in the country, visa extension).
Some immigrants choose to dispense with the services of an expert immigration lawyer in an asylum to save costs and prefer to represent themselves or hire other people or organizations. The results are almost always visible when the test is not passed and the presence of the asylum seeker in the United States is jeopardized.
How long is the asylum?
Foreigners who receive the benefit of asylum can keep it indefinitely. The only thing that should be renewed each year is the employment authorization.
What family members are eligible to receive the asylum benefit?
All the immediate family members of the asylee (spouse and unmarried children under 21 years of age), as long as they have been previously named in the asylum application, are eligible to receive the asylum benefit as well as the employment authorizations. This includes family members who were not present in the United States at the time of the asylum application.
Whatever your visa and immigration needs, Lluis Law asylum lawyers have over 50 years of experience successfully representing immigrants in the Los Angeles area. Call now for a free consultation with our telephone number (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.