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.
Co Mówią Nasi Klienci
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
Justin Burton is extremely professional knowledgeable and helpful. I’m extremely thankful for his help and patience with my case. I strongly advise to use his services and refer him to anybody in need of legal help. Thank you.
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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