Who Qualifies For Asylum?
People who have fled their homeland because of persecution can apply to stay in the United States under asylum. There are many benefits of attaining asylum; you can travel abroad, you will have permission to work in the United States and you will have put in place a path forward to permanent residency and citizenship. The only requirement is that you prove that you have been persecuted or fear persecution in your home country.
The Law Office of Matthew H. Springmeyer works with people who are seeking asylum in the United States. Attorney Springmeyer is a lawyer who practices both criminal defense and immigration law. He offers a broad-based legal knowledge with a strong immigration and asylum focus.
What Is Persecution?
Persecution is a human rights violation. If you feel your life is in danger or that you are targeted in your home country because of your religion, ethnicity, nationality, social group or politics, and your home government refuses to protect you, you may be eligible to apply for asylum in the United States.
There are many examples of what may constitute persecution of a particular social group. Some of these involve:
- The taking or destruction of your property
- The promotion of hatred against your specific group
- The arrest and imprisonment, including torture, beatings and murder, of people in your social group
- Not being allowed to practice your religion
A social group can be composed of people who share the same sexual preference, who are stateless, who have certain family relationships, or who are in a certain business or social strata. Those who face serious domestic violence or forced marriage may also apply for asylum. You must show that you or a third person is very likely to be persecuted or physically harmed and punished for being who you are or belonging to a particular social group. You must also show that your government either promotes or turns a blind eye to the physical danger you are in.
How To Apply For Asylum
The application for asylum is a complex immigration process that has many steps. It is strongly advised that you seek the assistance of a qualified immigration attorney for this process. Basically, the process involves:
- Filling out an application with U.S. Citizenship and Immigration Services (USCIS) if you have no issues (such as being in removal proceedings)
- Going to the interview. The attorney you hire can help you understand what to expect and represent your interests.
- Finding out if your asylum was approved after one or two months
- Referral to immigration court if you are not approved. Again, you can hire an attorney to help you present your case before an immigration judge.
- A merits hearing, where you have the opportunity to testify and tell your story as to why you are afraid to return to your home country. You may be able to remain in the U.S. during the time it takes the court to render a decision. This process can take a couple of months or a couple of years. If you are approved, your status is now “asylee.”
It is recommended that you hire an immigration attorney as soon as possible so that your attorney is familiar with your case and available to answer questions as needed during this process.
What Can You Do If You Are Denied Asylum?
If you are denied asylum, you can file an appeal within 30 days with the Board of Immigration Appeals (BIA). You will need to have an attorney file a legal brief on your behalf. If this is also denied, you can file with the U.S. Supreme Court. It can be a long, drawn-out process, but there are steps you can still take. Your attorney will need to pinpoint why your asylum was denied to clarify why the denial was incorrect and create a strategy for a successful appeal.
Get The Asylum Guidance You Need Today
Attorney Springmeyer takes immigration and asylum cases in California and across the United States. Call 619-365-4206 to speak with attorney Springmeyer regarding your issue. You can also reach the Law Office of Matthew H. Springmeyer by filling out this contact form.