how to discuss asylum with attorney

Call 800-528-4044 for a FREE consultation to discuss your asylum claim with an Immigration Lawyer at Dunham & Jones. What is CrImmigration CrImmigration is where criminal law and immigration law intersect.

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How do I get asylum in the United States?

Jun 11, 2021 · An immigration lawyer can help explain how this immigration application works and if you are eligible. What are the benefits of seeking asylum? If you have been granted asylum, you can have the same rights and assistance offered to any foreigner who is a legal resident. Therefore you have the right to: Freedom of thought, opinion, and expression; Freedom of …

What happens if an immigration judge finds you eligible for asylum?

A step-by-step overview of writing an asylum declaration, or a written statement explaining why you are applying for asylum and meet the eligibility requirements. By Breanna Cary , Attorney When you apply for asylum in the United States, you must also submit not only an application form ( I-589 ), but an asylum declaration (also sometimes referred to as a "statement").

What is a defensive application for asylum?

Talk to an Asylum Attorney. Start. How It Works. Briefly tell us about your case; Provide your contact information; Choose attorneys to contact you; Ratings Information. Client Peer. Martindale-Hubbell® Client Review Ratings™ display reviews submitted by individuals who have either hired or consulted the lawyers or law firms.

What happens if I submit my asylum application late?

Mar 15, 2019 · Call 800-528-4044 for a FREE consultation to discuss your asylum claim with an Immigration Lawyer at Dunham & Jones. What is CrImmigration CrImmigration is where criminal law and immigration law intersect.

What does an attorney do at an asylum interview?

Ideally, you'll want an attorney to help prepare you for the asylum interview and to answer your questions about what to expect. But with or without an attorney, you'll want to review the I-589 application you filed, as well as your attached personal statement and documents many times.

What evidence is needed for asylum?

To show your identity, include a copy of your passport, or other official documents such as your birth certificate, national identity card, or driver's license. The U.S. government expects that you can prove your identity, so make sure to provide some documentation.

How do I make my asylum case stronger?

You'll need to show that you fit the legal definition of a "refugee"—that is, that you are unable or unwilling to return to your home country because of having experienced persecution or having a well-founded fear of future persecution on account of at least one of five grounds: either your race, religion, nationality, ...

What gives you the best chance to get your application for asylum approved?

Strategies for Improving Chances of Qualifying for Asylum You must show that this persecution was (or would be) inflicted on you because of one or more "protected grounds": your race, religion, nationality, membership in a particular social group, or political opinion.

How can I prove my persecution for asylum?

Your Personal Affidavit. To maximize your chances of success, you should submit a separate personal statement with your asylum application (Form I-589) that details the persecution you suffered or your credible fear that you will suffer if you return home.Oct 2, 2021

What happens if you are denied asylum?

A: If your asylum claim is denied by the asylum officer, you will be placed into removal proceedings if you are out of status or it is determined that you are otherwise subject to removal. However, we can renew your asylum claim in Immigration Court and have it re-heard by the Immigration Judge.

Can you apply for asylum twice?

In some situations, where your stay under a visa had not yet expired when your asylum application was denied and you were not referred to Immigration Court, you may apply for asylum a second time.

What do they ask in an asylum interview?

During the interview, the AO will ask you questions about your identity, information you had provided in your asylum application, any applicable bars to your eligibility for asylum, and any documents you had submitted in support of your application.

Can asylum be granted without interview?

In a past article (Expediting Your Asylum Application If Already in the Backlog), we advised that if you have an urgent need to be interviewed or obtain a decision on your case, you may submit an expedited request to the Asylum Office, explaining your need for an expedited process.Jun 10, 2021

Is seeking asylum a legal right?

The Universal Declaration of Human Rights (Article 14), which states that everyone has the right to seek and enjoy asylum from persecution in other countries. The 1951 UN Refugee Convention (and its 1967 Protocol), which protects refugees from being returned to countries where they risk being persecuted.

How long does asylum case take?

How Long Does the Asylum Process Take? A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances.Mar 15, 2022

Can you apply for asylum after being deported?

You cannot apply for asylum with a deportation order on your record, but you can apply for something that is very close, or attempt to open your deportation case.

How to talk to a lawyer about DACA?

If you came to the United States before the age of 16, it is highly recommended that you speak with one of our attorneys to learn more about these programs great benefits and rules. Call 800-528-4044 for a FREE consultation to discuss DACA with an Immigration Lawyer at Dunham & Jones.

What is the number for Dunham and Jones?

Dunham & Jones believes experienced and quality legal representation should be affordable. Call 800-528-4044 day or night and on the weekends to schedule your FREE consultation. Award Winning Immigration Attorneys Dunham & Jones. Immigration Lawyers · FREE Consultation. Nationwide Immigration Practice.

What is an EAD form?

An EAD application is a five-page form, and you attach your supporting documentation and submit to the United States Citizenship and Immigration Services (USCIS). Work permits are typically granted to people who are in the process of getting a green card or adjustment of status and who have a legal right to be in the U.S.

What to do if someone is on ICE hold?

Dunham & Jones will not only handle the the immigration case, but they will handle the criminal case as well.

What is the Violence Against Women Act?

The Violence Against Women Act, also known as VAWA, provides many protections for immigrant women and men. VAWA was originally signed into law in 1994 and included provisions to allow noncitizen victims of domestic violence to obtain immigration relief separate from their abusive spouse or sponsor through “self-petitioning.” In 2000 the Battered Immigrant Women Protection Act was passed, and it created additional new forms of relief for noncitizen victims of violent crime as well as victims of sexual assault or human trafficking. There was an additional expansion of these protections in 2005 with the Violence Against Women Act of 2005 was passed. This bill included some protections for victims of elder abuse as well.

What is family based immigration?

The family-based immigration process typically has two or more family members involved. The family member requesting the visa, known as the petitioner; and the non-citizen family member is seeking legal immigration status, known as the beneficiary. The Petitioner must be a United States citizen or legal permanent resident. In certain cases the beneficiary may also have a spouse or children that can use the family-based immigration process as derivative beneficiaries of the primary beneficiary.

What is removal defense?

Removal Defense can be a stressful and confusing time for individuals and families facing potential deportation from the United States. If you have an upcoming case, it is important that you are represented by an experienced and trustworthy Immigration Attorney who will diligently fight for your rights. Our Immigration Lawyers will make every effort to resolve your case favorably in Immigration Court. We have filed the necessary applications to allow many of our clients to stay in the United States, as well as to receive a work permit and potentially a green card. We are here to help you, so don’t attempt to do this alone.

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USCIS Application Fee

Before going into the specifics on the various fees for hiring an attorney for your case, let's discuss whether the government will charge an application fee to apply for asylum. Until now, there has been no fee. The Trump Administration tried to institute one; but for now, that has been blocked.

Fees for Hiring an Attorney

If you do plan on hiring an attorney; which is advisable, given the complexities of the application process and the importance of attaching extensive supporting documentation; the fee will depend on numerous factors.

If You Can't Afford an Attorney

If you cannot afford to hire an attorney, there are nonprofit organizations throughout the U.S. that offer these services for free or at a reduced cost. "Nonprofit" means that they raise their own funds in order to help people, mostly from individual donors and foundations rather than the U.S.

What is an I-863?

In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing.

What is a defensive asylum application?

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).

What does "in removal proceedings" mean?

Is placed in removal proceedings for immigration violations; or. Tried to enter the United States without proper documents and was found to have a credible fear of persecution or torture. If the individual was referred by USCIS, the asylum application already filed will carry over to the immigration judge.

How long do you have to apply for asylum?

You may apply for asylum regardless of how you arrived in the United States or your current immigration status. You must apply for asylum within one year of the date of your last arrival in the United States, unless you can show: Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to ...

What happens if an immigration judge finds you ineligible for asylum?

If the immigration judge finds you ineligible for asylum, they will determine whether you are eligible for any other forms of relief from removal. If the immigration judge finds you ineligible for other forms of relief, they will order you to be removed from the United States.

What is CBP in immigration?

Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer. See Questions & Answers: Credible Fear Screenings for more information on ...

Is affirmative asylum detained?

Affirmative asylum applicants are rarely detained by U.S. Immigration and Customs Enforcement (ICE). Please see the Affirmative Asylum Process for step-by-step information on applying for asylum through the affirmative asylum process.