The United States allows for victims of persecution to enter the United States should they qualify for asylum. Although the eligibility requirements are straightforward, applicants should make sure to speak with an attorney before applying for asylum in Doraville in order to have a better understanding of the eligibility requirements as well as any additional pieces of evidence they should submit with their application.
An application for asylum is relatively short. The application itself asks for biographical information, work history, the applicant’s reason for seeking asylum, and other questions regarding the applicant’s eligibility to receive asylum. Those questions are typically about when the applicant entered the country or planning to enter the country, whether they are applying within one year of entering, and if they have any criminal history. In addition, they would be asked about any affiliation with any type of organization considered a threat to the security of the United States.
There are two common ways to apply for Asylum. The first and most common way is to do so with USCIS. If the applicant is not in removal proceedings or they are a minor who entered the country without their parent or guardian, they would first apply for asylum with USCIS. The applicant must submit all the evidence they have to support their claim for asylum. If they are applying with USCIS, then they would be required to submit an asylum packet and they would submit all their evidence in that packet at once.
They can also apply for asylum before an immigration judge if they have been placed in removal proceedings. That is when they are in court and the government is trying to deport them. They could present an asylum claim as a defense to that deportation. If they are in removal proceedings before an immigration judge, the judge will give them a deadline for when they need to submit all the evidence for their case.
The asylum process in Doraville is meant to be completed in 180 days, but currently, the timeframe can be much longer due to USCIS processing delays. If the applicant is denied asylum and sent to removal proceedings, the entire process may be extended. A lawyer could potentially expedite the process by submitting all evidence at the earliest court hearing and then requesting an expedited hearing date for the asylum trial itself.
If they are applying with USCIS, the USCIS will either grant their application or will refer them to an immigration judge. If they refer them to an immigration judge, then they would have a second chance to present that application.
An immigration judge will hear their case and look at all the evidence, and then that judge will either grant or deny their asylum application. If the judge denies their asylum application, they can appeal that denial to the Board of Immigration Appeals and ask the Board of Immigration Appeals to grant their application or send it back to the judge to be reviewed again.
An individual can apply for asylum a second time if they can show that they have experienced a change in circumstances since their last application. They cannot present the same claim twice, but if they can prove that they face a new threat or danger in their home country, they could apply based on that new situation. A skilled attorney could be a valuable advocate for someone attempting to apply for asylum in Doraville again.
Although applying for asylum in Doraville is not lengthy or too complicated, it is always recommended to work with an experienced immigration attorney in order to make any mistakes that would delay your application. If you are currently facing removal proceedings and believe that you could you asylum as a defense, it is vital that you retain legal assistance as an error under these circumstances could prove to have significant consequences.