Asylum is the process in which citizens fleeing persecution in a foreign country applies for residency in America. While most nations take asylees to some degree, the United States leads the rest of the world in that regard. According to figures provided by the Department of Homeland Security (DHS), more than 38,000 people were granted asylum in 2018 alone.
Applying for asylum status does not guarantee acceptance. In many cases, requests for asylum are denied. This ultimately results in the return of that person to their nation of origin. The good news is that it can be possible to fight back against these denials. An experienced immigration attorney could assist in every aspect of your quest for asylum. A detailed evaluation with a Huntsville asylum lawyer could help you understand your chances as well as the steps you could take to increase the likelihood of a favorable outcome.
What is Asylum?
Under federal law, the United States government has the right to award asylum status to individuals that:
- Experienced persecution in their home country, or
- Fear persecution if they are forced to return to their home country
The grounds for a successful asylum claim vary. Many requests for asylum are based upon the threat of religious persecution. Dissident political opinions are also a common ground cited in asylum applications. Other examples include race, nationality, or status in a particular social group.
It may not be immediately clear if a person is entitled to asylum or not. A Huntsville attorney experienced with handling asylum applications could advise their clients on their chances of success.
Applying for Asylum
A person applying for asylum in the United States must do so within the nation’s borders. It is impossible to seek asylum for a person still residing in their home country. Federal law does not require an immediate application for asylum statute the moment a person enters the country, either. Applicants must seek asylum no more than one year after entering the country.
The application process is lengthy. It begins with the compilation of a number of necessary documents. The government relies on these documents to prove the person’s identity. These documents start with a birth certificate or other legal form of identification from the home country. A copy of the applicant’s passport is also required if one exists.
Next, the applicant must fill out a thorough written affidavit. The affidavit must spell out the dangers they are facing in their home country as well as the protected class that gives them the right to seek asylum. After the application process, applicants will still have to comply with a background check. This includes checks in criminal and national security databases. Federal authorities will fingerprint the applicants in an effort to assist in the identification process.
The next step is a formal interview. This interview occurs in person and is typically held within 45 days of filing the application. Through the use of the appropriate form, applicants have the right to bring their Huntsville asylum attorney to the interview.
Contact a Huntsville Asylum Attorney Right Away
If you are seeking asylum protection, it is vital you go through the process with skilled legal counsel by your side. Applying for asylum is a complex process, and a minor error in your paperwork could have devastating consequences.
Let a Huntsville asylum lawyer assist you with your application. Call right away to schedule your confidential case evaluation.