Goose Creek Asylum Lawyer

A Goose Creek asylum lawyer could guide you through the process of remaining in the United States when fleeing persecution from your home country. An individual can apply for asylum regardless of their country of origin.

There are several ways to obtain asylum in the United States. Our expert immigration attorneys could discuss the necessary paperwork and supporting documentation to help you or your loved one successfully apply for asylum.

Who Is Eligible for Asylum?

To apply for asylum, an individual must qualify as a refugee under the Immigration and Nationality Act, according to 8 U.S.C. § 1101. Refugees are defined as individuals outside of their home country who are unable or unwilling to return due to persecution or the threat of persecution for their race, religion, nationality, membership in a particular social group, or political opinion.

In addition to meeting the definition of refugee, a person can only seek asylum when they are already living in the United States. An individual must initially seek admission to the country at a legal point of entry.

Every individual seeking asylum in the country is subject to criminal and background security checks, interviews, and possible immigration court proceedings.

When granted asylum, an individual can apply to bring their spouse and unmarried children under the age of 21 into the country. An asylee can also eventually apply for a green card to obtain legal permanent residency.

A Goose Creek lawyer could explain the different methods a refugee can use to apply for asylum, depending on whether they were placed in removal proceedings.

Affirmative Asylum Application Process

After arriving in the United States, refugees can obtain asylum through the affirmative asylum process if they are not placed in removal proceedings before an immigration court.

The refugee must file an application, Form I-589, within one year of arriving in the country. Failure to file the application within this one-year deadline could result in its denial.

A person could be ineligible for asylum when they previously had an asylum application denied by an immigration judge or board of immigration appeals or if safe removal to a different country is possible pursuant to an agreement with the United States.

Upon submitting their application and the required fingerprint and background screening, the applicant must next attend an interview with U.S. Citizenship and Immigration Services. The applicant can bring their Goose Creek lawyer to attend the asylum interview.

An asylum officer will make a final decision on the application based on various factors, such as whether the individual meets the legal definition of refugee. In most cases, the applicant will receive the decision within 180 days of filing their application.

Defensive Asylum Process When Facing Removal Proceedings

An individual seeking asylum still has options when they were already placed in immigration court removal proceedings with the Executive Office for Immigration Review.

A person is usually placed in removal proceedings when they are determined ineligible for asylum or apprehended without required legal documentation while in or entering the country.

Retaining a Goose Greek lawyer is especially important for defensive asylum proceedings, which are presided over by a judge like a normal court hearing. You will have to argue your case for asylum while opposed by a government attorney from U.S. Immigration and Customs Enforcement.

An immigration judge will determine whether the applicant is eligible for asylum or other potential relief from removal. The applicant can appeal the proceeding should they be denied asylum.

A refugee placed in expedited removal proceedings can also seek asylum through a USCIS asylum merits interview when they show a positive credible fear determination.

To demonstrate a credible fear of persecution, the asylum applicant must prove in their asylum merits interview that they were persecuted or have a well-founded fear of persecution or torture upon return to their home country.

Regardless of credible fear, the asylum applicant is still ineligible when they are found inadmissible on grounds such as a prior history of criminal activity that presents a threat to the country, per 8 U.S.C. § 1158.

Connect With a Goose Greek Lawyer Today for Asylum Applications

A Goose Creek asylum lawyer is ready to fight on your behalf. An attorney could advise you on the best evidence to help show a credible fear of persecution and help you file the needed paperwork.

Contact Miller | Conway as soon as possible for a consultation about your asylum case.