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What It Takes to Win Asylum in the U.S.
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Many fleeing persecution in their native countries find the United States to be a welcoming place. However, even as the country has welcomed for centuries those fleeing from persecution, getting asylum is extremely difficult. This is because the criteria to be granted asylum is so strict that few satisfy the requirements. At Kriezelman Burton & Associates, LLC, we have experienced asylum lawyers who routinely help clients in the Chicago area to successfully apply for asylum.
Eligibility for Asylum
To apply for asylum in the U.S., you must be a refugee as defined under U.S. immigration law. If you meet the definition of refugee, then you can apply for asylum by filing the proper paperwork with the United States Citizenship and Immigration Services (USCIS). This is just the beginning of the long and arduous asylum application process, but an experienced immigration lawyer in Chicago can make things much less arduous with improved chances of success.
If your application passes the initial test to determine whether you are eligible, then next, an immigration officer will determine whether there are facts or circumstances about you that will bar you from being approved for asylum. These can be anything provided under the law, but the most common are as follows.
Timing
The law requires that one must file an application for asylum within one year of entering the United States. So, if you have made it into the U.S., you must make sure you apply for asylum within one year. In this case, you will be applying under the “affirmative” asylum process. This means you are applying for asylum before being placed in deportation or removal proceedings. You will be applying for asylum with USCIS, which will decide whether to approve or deny your case. You must be physically present in the U.S. to affirmatively apply for asylum, though you can apply at an entry point to the U.S., such as an airport or border checkpoint.
However, the U.S. government will now generally presume anyone who unlawfully enters the United States through the southwest land border or adjacent coastal border areas is ineligible to apply for asylum unless they can prove that an exception to the law applies. Unaccompanied children are exempted from this presumption.
You can also apply for asylum “defensively,” which means applying for asylum after you have been placed in deportation or removal proceedings. In this case, your application will be decided by an immigration judge.
Making an Asylum Case
Whether you are affirmatively or defensively applying for asylum, you must convince either USCIS or an immigration judge that you have suffered persecution in the past based on the various grounds provided under the law. You must also convince the USCIS or immigration judge that you have a “well-grounded” fear of persecution in your native country.
Although some applicants can prove their asylum cases with plenty of documents and other evidence, many are not able to do so. If you do not have a boatload of documents and other supporting evidence, then it is best to have an experienced immigration lawyer help you file a strong case with what you have and rely on other publicly available information that can help strengthen your case.
If you are in the Chicago area and believe you have an asylum case, contact our office today and schedule an appointment to learn how we can help you.
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My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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