It can be terrifying to be castigated and exiled by your government because of your race, nationality, or religious or political beliefs. If you have fled from your home country to the United States to seek refuge from persecution, you might be able to apply for asylum.
This application process can be lengthy and confusing, so it may be beneficial to retain a local attorney to assist you. A skilled Atlanta asylum lawyer may be able to simplify the steps in the process that could allow you to stay in America as a refugee.
United States Citizenship and Immigration Services (USCIS) reviews applications for asylum, and their adjudicators decide whether to approve or deny the petition. To be eligible for affirmative asylum in America, an applicant must already be in the country.
Atlanta residents who are seeking refuge are required to submit a petition within 12 months of their last arrival in the United States. The process begins with an Application for Asylum and Withholding of Removal. It is best to hire an Atlanta attorney with experience in immigrant asylum cases to complete this form and attach the documentation necessary for this process.
Once USCIS receives the paperwork, the officer may begin by determining whether the applicant qualifies as a refugee. Immigration and Nationality Act (INA) §101(a)(42) specifically defines how a person may be classified as a refugee.
If the officer denies an application, the petitioner may be referred to an immigration court for removal proceedings. If the adjudicator approves the petition, the next step may be an interview with USCIS. An asylum attorney in Atlanta may be able to help an applicant prepare for either scenario.
In general, an asylum officer may speak with the candidate about their application and ask them to share certain biographical information. It can be crucial that an individual seeking international protection share their experiences in their former country, as a primary purpose of this interview is to allow the asylum seeker to clarify that they have a credible fear of returning to their home country.
When a person is in danger of deportation from their new location of residence, they can make a defensive request. In immigration court, individuals may raise the issue of persecution in their home country should they be forced to leave the United States.
There are two situations in which a foreign national may need to plead defensive requests. The first is when they are denied affirmative asylum, and USCIS refers the application to the immigration court. Removal proceedings may also warrant defensive asylum arguments.
If you are concerned about the possibility of being deported back to a country in which you would be in danger of persecution, legal assistance may be available to help you. An Atlanta asylum lawyer may be able to set the immigration procedures in motion so that you might be able to continue to live and work safely without fear of removal. Call today to speak with a diligent legal professional about your asylum case.