Asylum immigration law

Guiding you through asylum

immigrants seeking asylum in the us and columbus ohio

We can help you seek asylum in the U.S.

Do you feel threatened in your own homeland? If you think it is not safe for you to live in your own country anymore due to threat of persecution or violation of your internationally recognized human rights, then it might be time that you take the next big step. You may apply for refugee status with UNHCR from abroad or seek asylum once in the United States. If you are an asylum seeker and have not been successful in your application yet, then consider talking to us. We are here with our services and years of experience to assist you throughout the process.

Asylum and the immigration process

How to seek asylum legally in the U.S.

A foreign national who meets the definition of a refugee and is physically inside the United States may apply for asylum protection. People who are outside of the United States may apply for refugee protection under the United Nations Protocol, to which the U.S. is a signatory. Asylum seekers may file an application affirmatively with the U.S. Citizenship and Immigration Services and eventually interview with an asylum officer. Alternatively, an asylum applicant may seek the U.S. government’s protection defensively, either at the border or a port of entry after proving that they have a credible fear of persecution if returned to their home country, or when their asylum case has been referred to an immigration court by an asylum officer.
immigrants leaving their home country for us

Points to prove when applying for affirmative and defensive asylum

You must prove to the U.S. Government the following:

  • If there is no past persecution, an applicant has a fear of future persecution.
  • The feared persecution is “on account of” one of the five grounds: race, religion, nationality, membership in a particular social group, or political opinion.
  • The applicant has not firmly settled in a third country.
  • There is a reasonable probability (that is even a one in ten chance) that the applicant will be persecuted if forced to return to his or her home country.
  • The applicant has not missed the one year filing deadline. The deadline is calculated by subtracting from the applicant’s most recent date of entry into the U.S., minus one day. The asylum application must be received by the government by this date.
  • The applicant does not have a serious criminal history or pose a national security threat.

Potential problems during asylum

Identifying your family’s situation

How your application could get denied

There are multiple reasons why your asylum application could get denied as this process can be very complicated. Here are a few of the most common reasons why:

You don’t meet the eligibility requirements

One of the most common reasons why people get denied asylum is because they don’t meet with the eligibility criteria that has been discussed earlier.

Incomplete documents or proper documentation not filed

Additionally, people often fail to submit the complete documents and the correct information required for a successful asylum application. Even if you have genuine fear of persecution in your home country, if the application is filled out incorrectly you can be denied.

Not meeting deadlines or failing the asylum interview

Timing is especially important for asylum seekers. There is a very limited timeframe from when you first enter the U.S. to when you have to apply for asylum. If you wait too long, if you fail to communicate effectively your need for asylum protection, if you do not tell the truth, you may fail the interview with the asylum officer or even your case in front of the immigration judge and be denied asylum.

Schedule an appointment with Jane today

for an in-person consultation at our Dublin office or online

Applying for asylum is not easy and not everyone is successful in seeking asylum in the U.S. While filling out and going through the application process by yourself is an option, if you are unfamiliar or are not confident in your abilities, hiring the services of an immigration lawyer will be very beneficial.

We will be able to explain your options to you, help you with your application, and protect your interests through the entire process. Whatever your circumstances are, our professionals will ensure that you have the best opportunity to seek asylum in the U.S. and are able to live a safe life here.

Get a one-on-one consultation with Jane so she can identify your needs on how we can help you.

Contact our team today to book an appointment.

See our Frequently Asked Questions below for commonly asked questions about employment-based immigration

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Frequently asked asylum questions

An asylum-seeker is someone who has left their country and is seeking protection from persecution and serious human rights violations in another country, but has not been legally granted the refugee status yet. There are five grounds on the basis of which asylum can be sought and they are race, religion, nationality, membership in a particular social group and political opinion.

A person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to avail himself or herself of the protection of that country because of persecution or well founded fear of persecution on account of race, religion, nationality, membership in particular social group, or political opinion.

There is no internationally recognized definition of who a migrant really is, but according to Amnesty International, a migrant is someone who decide to stay outside their country of origin, but are not asylum-seekers or refugees. They leave their countries simply because they want to work, study or join their family in another country.

Yes, a spouse and children under the age of 21 who are in the U.S. with you can also be included in your asylum application. If you do not include them, they will have to file separately after your asylum is approved. If they are currently back in your home country and not in the U.S., you can apply for their entry after your application is approved.