Immigration Legal Services

Asylum Lawyer Consultation

If you are looking for the best asylum lawyer in New York or any other state, we are here to offer our services and help you win your case

Asylum Attorney

Service Description

Asylum seekers often face numerous hurdles in their quest for safety and protection. At Santoskhoury, we understand the intricacies of immigration law and the importance of legal representation and are committed to guiding you through every step of the process with expertise and compassion.

Book your consultation now to understand important things like the asylum lawyer fees, applications types, and the different steps you have to take, such as interviews with USCIS officers and the submission of paperwork.

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Features

What is Asylum?

Before hiring a political asylum lawyer, you must have an understanding of protection in the U.S. including what it means, if you are eligible, and the nuances of the process such as the fact that it is a discretionary process.

Individuals fleeing persecution and violence often seek asylum in the U.S. to find protection and safety.

Asylum Defined by International and U.S. Immigration Law

Asylum is a form of protection granted to individuals fleeing persecution in their home country. To be eligible for withholding of removal you must demonstrate a credible fear of persecution in your home country. Both international and U.S. immigration law recognize the right to seek protection for those facing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

The 1951 Refugee Convention and subsequent 1967 protocol were huge stepping stones in which the definition of asylum seekers and refugees were defined, together with legal protective measures that participants in the Convention should uphold.

Understanding immigration law, including the Refugee Act of 1980, is crucial as it outlines the legal obligations and protections related to the process.

The U.S. was part of the 1951 Convention and 1967 Protocol and thus has a legal obligation to offer sanctuary to refugees. As the best asylum lawyer in USA we have a deep understanding of this convention and what it means for your application and the details outlined in the literature are often the basis of our work.

Who Qualifies for Asylum and What Are the Benefits

Eligibility Criteria for Protection

To be eligible for asylum in the United States, you must meet specific criteria outlined in immigration law. These criteria include demonstrating a well-founded fear of persecution and proving with supporting documentation that you cannot return to your home country.

The fear of persecution must fall under one of the five grounds:

  • Race
  • Religion
  • Political Opinion
  • Nationality
  • Membership in a particular social group

An asylum officer will interview you to assess your reasons for seeking protection and the challenges you faced in your home country, playing a critical role in the decision-making process regarding your application.

You must also be physically present at a US port of entry or in the country before you complete and file Form I-589 Application for Asylum and for Withholding of Removal.

  • Right to Live and Work in the U.S.: Once granted asylum, you have the legal right to live and work in the U.S. and can apply for employment authorization.
  • Path to Permanent Residency: Protection recipients can apply for a green card one year after being granted asylum status.
  • Access to Certain Benefits: Asylees may be eligible for government assistance programs, such as health benefits and social services.
  • Protection from Deportation: Asylum protects you from being deported back to your home country where you faced past persecution.

Asylum Isn’t a Simple Yes or No Decision – It Includes Discretion

While the criteria are clear, the decision to grant it involves a significant level of discretion by immigration judges and officials. This discretion underscores the importance of presenting a compelling case supported by strong evidence.

An experienced asylum lawyer can significantly influence the chances of obtaining asylum protection by ensuring that all legal requirements are met and that the case is presented effectively.

It’s essential to understand this and realize that simply meeting the criteria isn’t enough. Eligibility is merely a legal requirement so you can submit Form I-589 – it doesn’t guarantee your approval.

Approval is dedicated by USCIS officers and depends on the case you build, the evidence you submit, and how you perform during the interview. If you are asking yourself, where are the best asylum lawyers near me, you should choose a firm that can help you with the discretionary aspect of US Immigration and help you win your case.

How it Works

Win Your Asylum Case In 3 Simple Steps

Book A Consultation

Pick the suitable time for you and the preferred language in our calendar to book your consultation

Hire Our Firm

Choose your payment plan and start working with your assigned asylum lawyer in complete confidentiality

Win Your Case

We will be with you in every step and represent you in the immigration court to win to win your case

What are the Benefits of Asylum?

Once you get that life-changing USCIS asylum approval letter you want to start benefiting from it, and that approval offers many positives which we list below.

Asylum Benefits Overview

Obtaining asylum in the United States offers several benefits, including:

  • Right to Live and Work in the U.S.: Once granted asylum, you have the legal right to live and work in the U.S. and can apply for employment authorization.
  • Path to Permanent Residency: Protection recipients can apply for a green card one year after obtaining asylum status. This green card grants lawful permanent resident status, allowing individuals to live and work in the U.S. permanently.
  • Access to Certain Benefits: Applicants may be eligible for government assistance programs, such as health benefits and social services.
  • Protection from Deportation: Asylum protects you from being deported back to a country where you fear future persecution.

Government benefits can include things like help with housing and education for family members, medical coverage (such as Medicaid), food stamps, and social security income. These benefits are typically available for up to 7 years after winning the case.

After 1 year, you can apply for LPR status (a Green Card) which leads to more rights, benefits, and security. Ultimately, 5 years after that, if you wish, you can apply to become a US Citizen via naturalization which is also available in our immigration services.

Benefits Of Asylum

We Make Sure You Get Access to These Benefits

Our experienced team ensures that you understand and have access to all the benefits available to you as an immigrant. We work tirelessly to protect your rights and advocate for your best interests throughout the process – if you are due something from the government, we make sure you get it.

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How Does the Asylum Application Process Work?

There are two types in the US – affirmative application, and defensive application. Before you start looking for asylum lawyers, we explain the two types and their processes below.

Affirmative Asylum – A Step-by-Step Process

This is the most common type and it is for seekers who are located in the US and not part of any removal proceedings.

The affirmative asylum process involves submitting an application to the United States Citizenship and Immigration Services (USCIS) and attending an interview to present your case. Our firm provides comprehensive support at every stage of this process, from preparing your application to representing you at your interview. An asylum lawyer plays a crucial role in guiding applicants through this complex process, ensuring they meet eligibility criteria, submit necessary documentation, and represent them in court if needed, ultimately increasing their chances of securing protection. A simple step-by-step process is listed below:

  1. Arrive in the US.
  2. File Form I-589 (Within 1 year of your arrival).
  3. Attend a biometrics appointment.
  4. Attend an asylum interview.
  5. Wait for your application decision.
  6. Receive decision.

Withholding of Removal – A Step-by-Step Process

If you are in removal proceedings, you may pursue defensive asylum or withholding of removal as a form of relief in case you are denied in the initial claim. This process requires appearing before an immigration judge and presenting your case in court. During the process, your case will be presented before a judge in immigration court. You can only apply for this if the removal process is underway.

Our asylum lawyer has extensive experience representing clients in withholding of removal proceedings and will fight vigorously to secure the protection you deserve. The process either starts when your affirmative application has been denied, or you have been detained trying to enter the US without proper documents and typically includes the following steps:

  1. Being involved in removal proceedings.
  2. Attend a Master Calendar Hearing.
  3. Attend a Merits Hearing.
  4. Make immigration appeals if the initial defensive asylum application is denied.

We Have Extensive Experience Dealing With Both Application Types

Whether you are pursuing affirmative or defensive asylum, our firm has the knowledge and experience to navigate the complexities of the application process effectively. We tailor our approach to meet your specific needs and maximize your chances of success.

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What are the Legal Strategies and Challenges to Granted Asylum?

Unfortunately, there are many potential barriers you may face but we use a range of tried and tested legal strategies to help you overcome these challenges.

Typical Legal Strategies We Employ

Our law firm employs a range of legal strategies to strengthen your case, including gathering compelling evidence, preparing persuasive arguments, and advocating tirelessly on your behalf. The strategy we use for you is tailored to account for your specific type of persecution, cultural sensitivities, and surrounding factors that could impact a decision.

Common Challenges You May Face Applying for Asylum

Applicants often encounter numerous challenges during the application process, such as language barriers, lack of access to legal resources, a withdrawal of application, and the need to overcome credibility issues. Individuals seeking asylum must navigate complex legal processes, and failing to win their case can result in deportation or other serious consequences. We are here to help you overcome these challenges and understand the process with confidence.

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Understanding Deadlines and Average Processing Times

While looking for an asylum lawyer, you must understand that you play a key role in the application process, and this includes being prompt with your Form I-589 submission and meeting deadlines. It’s also wise to be aware of processing times and things like waiting for the interview date so you aren’t under any illusions of how long your application can take.

Deadlines You Must Meet for Your Application

It is crucial to adhere to the deadlines set forth by immigration authorities when filing your application. Failure to meet these deadlines could result in the denial of your application or other adverse consequences. Our firm ensures that your application is submitted accurately and on time, minimizing the risk of delays or complications.

The main deadline is that you must file Form I-589 within 1 year of arriving in the US. There are also deadlines for appealing denied decisions – but hopefully, you won’t have to deal with those.

Average Asylum Application Processing Times and Challenges

The processing times for applications can vary significantly depending on various factors, including the complexity of your case and the current backlog of applications. Our experienced team closely monitors the progress of your case and takes proactive steps to expedite the process whenever possible. Experienced asylum lawyers can provide specialized legal assistance, navigating complex legal situations and ensuring that clients understand their options for seeking protection under U.S. immigration law.

On average it is believed that you may have to wait between 1-3 years to receive a decision on your application. The average processing time for applications by the USCIS is supposed to be 180 days, but the department currently faces a backlog which means many seekers are waiting much longer.

There are also state variations in processing times and approval rates. For example, New York historically has lower approval rates.

Our Asylum Lawyer Ensures a Timely Application Submission

With our assistance, you can trust that your application will be submitted promptly to the correct immigration office locations, thus maximizing your chances of a favorable outcome. We understand the importance of efficiency in the process and are dedicated to ensuring that your case moves forward without unnecessary delays.

Can You Get Asylum Lawyer Assistance at the U.S. Border?

A key part of obtaining asylee status in the US is being physically in the country and this typically involves border crossing which can raise additional challenges in the process.

How We Can Help You at The U.S Border

If you are at the U.S. border, our asylum lawyer provides comprehensive legal assistance to help you navigate the process effectively. From preparing your initial claim to representing you in interviews and hearings, we are here to advocate for your rights and protect your interests.

Understanding Expedited Removal Procedures

Asylum applicants at the U.S. border may face expedited removal procedures, which can pose significant challenges to their ability to apply for protection or enter the country. Our team is well-versed in these procedures and will work tirelessly to ensure that you receive a fair and just outcome.

We are Here for You

No matter How complicated is your case or if you are detained, we can help you win your case and live freely in America

Understanding Detention and Your Legal Rights

Part of how to file asylum in the USA is knowing that the process sometimes doesn’t run smoothly and you may run into issues such as detention. We are dedicated to protecting you and making sure this doesn’t happen and that starts with a simple explanation of detention and your rights below.

Detention Practices for Asylum Seekers

This is a common practice in the United States, often resulting in prolonged periods of confinement and uncertainty. Our law firm advocates for the rights of detained asylum seekers and fights to secure their release whenever possible. Some simple guidelines to remember when facing the potential of detention include:

  • If questioned by a USCIS officer, you can ask “Am I being detained”. If no, say, “If not, am I free to go?”. If yes, say, “Is there a reason I am being detained?”.
  • Give your name when asked, but you are not legally required to answer any questions relating to your background. Once you have given your name, say, “I have the right to remain silent and would like to consult a lawyer”.
  • If the officer says you are being detained, you have a right to ask for their badge number and name for your reference.

Your Legal Rights as an Asylum Seeker

As an immigrant, you have certain legal rights, including the right to due process, the right to be free from arbitrary detention, and the right to legal representation. Our asylum lawyer is committed to protecting your rights and ensuring that you receive fair and equitable treatment under the law.

Other important legal considerations include:

  • You have a constitutional right to know who you are speaking to, and what is happening to you.
  • You do not have to divulge personal information.
  • You have a right to have your privacy protected.
  • You do not have to allow the police or an immigration officer into your house unless they have a warrant.

If a police officer or the USCIS calls your house, we advise not letting them in as this constitutes an invitation. Don’t open the house door but instead communicate through the door or window (closed) and if they want to pass you anything such as a warrant, only allow them to pass it under the door. Once you receive any document from the immigration office, contact our asylum lawyer to guide you through every step.

Contact Us for Expert Asylum Lawyer Assistance

If you need expert assistance with your case, don’t hesitate to contact Santoskhoury. Our dedicated team of experienced immigration attorneys is here to provide you with the support and guidance you need in your case to navigate the process successfully. 

We treat each case as a standalone project and aim to give you bespoke, compassionate help whenever you need it. Schedule a consultation today to discuss your case with one of our experienced asylum lawyers using the link below or by visiting our contact page.

FAQs

Individuals who have suffered persecution like psychological harm or fear persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum in America. You must also be physically located in the US to file your application.

Benefits of obtaining asylum in the United States include the right to live and work legally in the country, access to certain government benefits, and the opportunity to apply for permanent residency after one year (Legal Permanent Residency). Asylees can transition to lawful permanent resident status, which grants them the right to live and work in the United States permanently.

While it is possible to apply without an asylum lawyer, having experienced legal representation significantly increases your chances of success, ensures that your rights are protected throughout the process, and represents you in immigration court. If you don’t want to look for the best attorney, you must be thorough in your research, be prompt with form submissions, and prepare diligently for the interview.

Common challenges faced by applicants during the application process include gathering sufficient evidence to support their claim, overcoming language barriers, and navigating complex legal procedures. Some may find it difficult to complete the forms and follow the I-589 defensive asylum or withholding of removal instructions. There is also the stress and daunting nature of the interview, and understanding your approval letter.

Yes, there are deadlines for filing an application, and failure to meet these deadlines can result in the denial of your application or other adverse consequences. It is important to consult with an experienced US asylum lawyer to ensure that your application is submitted on time, but in short, you must file Form I-589 within a year of your arrival in the US.

Yes. There is no specific legislation that prevents you from getting married during your application process. An asylum lawyer can also help file Form I-730 which is a refugee/asylee relative petition that can allow your spouse and/or children to join you as derivatives on your application.

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