Following the Real ID Act of 2005 and other recent changes in immigration law, individuals seeking political or religious asylum in the U.S. must now present significantly more evidence to support their applications than ever before. The federal government’s response to the events of September 11 dramatically altered how asylum is applied for and granted, tightening the requirements and increasing scrutiny. Asylum seekers are now required to provide substantial documentation to prove the legitimacy of their claims, and the process has become more complex and demanding. If you or a family member is seeking asylum in the United States, it is essential to have an experienced attorney who can navigate these challenges and employ various legal strategies to strengthen your case.
In addition to the complexities of asylum applications, there are other immigration hurdles that families may face, such as ensuring that children who are part of the asylum petition are protected under the Child Status Protection Act (CSPA). The CSPA helps prevent children from “aging out” of eligibility while waiting for their immigration applications to be processed. Without proper legal guidance, families can face denials and ineligibilities, not only in asylum cases but also in family-based immigration petitions. A skilled attorney can help ensure that your application is comprehensive and complies with all legal requirements, helping avoid unnecessary delays and denials.
For those applying for other types of immigration benefits, such as the R-1 Visa for religious workers, the process also requires careful attention to detail. Much like asylum applications, R-1 visa petitions involve proving the legitimacy of the applicant’s role and affiliation with a religious organization. Whether seeking asylum or another type of visa, understanding the evolving legal landscape and the increased demands for evidence is critical to success. By working with an experienced attorney, you can better navigate these complexities and improve your chances of securing the immigration status you need.
At Hanlon Law Group, P.C., our asylum attorneys understand how important it is to investigate the facts and prepare evidence clearly and thoroughly to help you get your request for asylum or temporary protected status approved by the USCIS.
We know what the USCIS is looking for
Our asylum lawyers know what the USCIS is looking for and we are able to find the most important facts regarding your application. We prepare you for what to expect and we make sure your application is complete, accurate and up to date. In short, we use our experience to present the facts in a way that is most favorable to your case. If you are considering filing for asylum for yourself or a family member, contact us first.
Who can apply for asylum?
Individuals who are in the United States may be granted asylum on a discretionary basis if it is determined that the applicant has suffered past persecution or has a “well-founded fear of persecution” on account of race, religion, nationality, membership in a social group, or political opinion in their country of origin. People seeking asylum must establish their persecution on at least one of these five grounds. Asylum applications must be filed within one year after entry into the United States, with some exceptions being granted for extraordinary circumstances. We can also advise you on the legal requirements for refugee status.
Temporary Protected Status
Anyone whose life or freedom would be threatened in his or her own country on account of one of the five enumerated grounds of asylum is protected from removal under United States and international law. The United States offers Temporary Protected Status (TPS) to individuals from countries that have suffered natural disasters or that are undergoing war or severe civil unrest, forcing the displacement of citizens of that country. Temporary Protected Status is effective as long as the conditions persist in the country in question.
Los Angeles, California Asylum Lawyers at the Hanlon Law Group, P.C.
If you are ready to apply for asylum or need help with other immigration matters, you can trust your case to a Los Angeles asylum attorney at the Hanlon Law Group, P.C. For more than 15 years, Daniel Hanlon, the asylum lawyer at Hanlon Law Group, P.C., has been successfully representing clients in various types of immigration cases, including those that involve the most basic immigration applications to those associated with extremely complicated federal court litigation.
Our firm offers state-of-the art technology to deliver these services efficiently while also providing each of our clients with old-fashioned personal service. That means you can count on your case progressing as quickly as possible while feeling confident that your Hanlon Law Group lawyer will answer your questions quickly, clearly and honestly.
Contact Us for a Professional Case Evaluation
To learn more about our citizenship, immigration and deportation defense services contact our Los Angeles asylum attorneys today by calling (626) 765-4641 or (866) 489-7612 or by emailing us using the form at the bottom of the screen.
From our office in Pasadena, we serve clients throughout the Los Angeles area, across the state of California and from around the world.
We offer free, confidential initial consultations to provide potential clients with expert advice regarding their immigration law needs. Additionally, we are able to provide immigration legal services in various languages, including in Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog and Fukienese.
Asylum Lawyer Q&A
In general, asylum refers to the protection that a government grants to an immigrant who is trying to escape harm in his or her home country (because of, for example, political unrest or potential religious persecution). To be granted asylum in the U.S., immigrants have to officially file a Form I-589 (Application for Asylum and for Withholding of Removal) with the U.S. Citizenship and Immigration Services (USCIS).
To be eligible for asylum in the U.S., you have to be:
Already physically present in the U.S. or arriving to the country via an official port-of-entry
Filing for asylum within one year of your arrival to the U.S.
Demonstrate that the circumstances in your country of origin (or your own personal circumstances) have substantially changed if you are attempting to file for asylum after being in the U.S. for longer than one year.
You must also be able to demonstrate that you would suffer from religious, political, racial or other types of persecution if you returned to your country of origin and that there is not another country where you could safely reside.
No – regardless of whether you are in the U.S. legally or illegally, you can still be eligible for asylum. You must, however, meet the above-described requirements when applying. There may be other requirements you have to fulfill as well, so it’s advised that you meet with an experienced refugee lawyer to see if you qualify for asylum.
You can apply for asylum if you have been convicted of a crime, but whether or not you will be granted asylum will depend on the nature of the crime(s) associated with your conviction(s). Additionally, if you do not disclose your criminal record in your Form I-589 and/or during your asylum interview, you can be seen as committing perjury and, therefore, could immediately lose your opportunity to be granted asylum.
In general, eligibility for asylum is determined by an immigration judge or an asylum officer. These officials typically decide if a person qualifies for asylum by evaluating whether or not that individual meets the definition of a refugee (i.e., someone who cannot return to his or her home country due persecution or the fear of persecution based on his or her race, religion, political views, etc.).
If a person is considered to be a refugee, then the official presiding over the case will then determine whether there may be any factors that could prevent the applicant from being granted asylum. Such bars to asylum could include (but are not limited to):
Having participated in the persecution of others (based on others’ race, religion, political views, etc.)
Posing a threat to U.S. security
Having been convicted of certain crimes (such as violent crimes or certain felony crimes)
Having a history of living in another country without fear of persecution.
The U.S. Citizenship and Immigration Services (USCIS) does not charge any fees to apply for asylum. However, if you work with an asylum lawyer to expedite your case, you may have some attorneys’ fees.
To get your asylum case started with the USCIS, you need to file a Form I-589 (Application for Asylum and for Withholding of Removal). While you can try to pursue your case on your own, you will have the best chances of being granted asylum if you work with an experienced asylum lawyer or refugee attorney like those at the Hanlon Law Group.
The upcoming third part of this blog includes some final asylum FAQs that highlight some additional important information about this sought-after immigration status. Be sure to check it out!
In terms of people, you will need to bring an interpreter to your asylum interview if you are not fluent in English. You will also be required to bring any children or other dependents who are associated with your case and are younger than 21 years old. Additionally, you have the right to bring your asylum attorney with you – and you should do so to ensure that your asylum interview proceeds as smoothly as possible.
In terms of paperwork, you should bring:
An ID, such as a passport or another legally valid form of travel documentation
Your birth certificate
Your marriage certificate (if you are married)
Copies of your Form I-589 and the supporting documents that have been filed with the USCIS
Additional paperwork critical to your case (this can include documents related to your criminal record, your history of persecution in your home country, etc.).
In general, during an asylum interview, you will be required to take an oath (attesting that you are telling the truth under the penalty of perjury). Then, the officer overseeing your case will ask you various questions, such as questions about:
Your identity
The reasons you are applying for asylum
The specific experiences you have had being persecuted in your country of origin
Whether you know of any reasons that you may be barred from asylum in the U.S.
Everything you discuss in this interview will be confidential.
Decisions on asylum cases aren’t immediate; expect to return two weeks post-interview to learn your outcome. Delays can occur, and in some instances, decisions may be mailed to you. We’re here to guide you, ensuring you’re well-prepared for any scenario. Reach out us to speak with an asylum attorney today for expert assistance and peace of mind.
Additional Information in Los Angeles, California
Contact the Experienced Los Angeles Immigration Lawyer at Hanlon Law Group, P.C.
The trusted Los Angeles immigration attorney at Hanlon Law Group, P.C. is waiting to speak to you, find out more about your immigration needs, and explain your options. Having handled countless professional visa applications for foreign professionals and U.S. employers, our lawyer has the experience and insight you can count on for exceptional service and representation.
Our experience, skills and dedication to our clients are backed by the following, which all of our clients can expect to receive:
You don’t have to pay us anything to discover more about how we can help you and what you need to do to resolve your employment-based immigration needs.
The attorney at Hanlon Law Group, P.C. will oversee your case from start to finish. This can provide peace of mind that your case will not be passed off to a non-lawyer associate, or to someone who is not intimately familiar with your case.
Our cutting-edge system facilitates the visa petition process, while providing clients with real-time case information about the status of their petition, PERM certifications, etc.
We take pride in providing old-fashioned, personal service and promptly responding to our clients’ inquiries and immigration needs whenever they arise.
We accept all major credit cards. Payment plans may also be available.
We provide immigration services in various languages, including (but not necessarily limited to) Spanish, Mandarin, Cantonese, Vietnamese, Korean, Japanese, Bahasa Indonesian, Tagalog, and Fukienese.
Call (866) 227-5527 or email us via the contact form to learn more about our experience and services, as well as how we can help you.
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Hanlon Law Group, P.C. is ready to help you with all your immigration & nationalization legal needs. Contact us now for the help you need & deserve.
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