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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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Estoy muy complacida con este bufete son muy bueno en lo que hacen,gracias a Maya flores por su trabajo desde el primer día de mi proceso estuvo pendiente y nos dio un tiempo estimado
We had the chance to work with Maya Flores during the final stage of our employment-based green card process, and we are so thankful we did. Even though our case was already far along when she stepped in, she took full ownership right away. She carefully reviewed everything, prepared the documentation, suggested the right immigration forms, and made sure we felt ready. She was with us during the interview and…
I highly recommend Attorney Mathew Kriezelman and Kriezelman Burton & Associates, LLC. I had an outstanding experience working with their office. I petitioned for my parents, and the firm guided them through the entire adjustment of status process. From the very beginning, Attorney Mathew Kriezelman and Paralegal Silvia Dimayuga were professional, knowledgeable, and exceptionally supportive. They clearly explained each step, ensured all documentation was properly prepared, and promptly answered every…
Navigating the immigration system is incredibly stressful, but Justin Burton made the process seamless. They were patient with all my questions and explained every step of the legal process in a way I could easily understand. Their attention to detail is unmatched, and their staff is professional and kind. Highly recommended!
I cannot thank Justin Burton enough for their incredible work on my case. From our very first consultation, I felt a sense of relief knowing I was in expert hands. They were meticulous with the paperwork, always kept me updated, and ultimately helped me achieve a successful outcome. If you are looking for an immigration lawyer who truly cares about their clients, look no further.
Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…
I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…
I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…
My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…
The Best human being to have your back when you really need it!!! Mr Burton's professionalism and sharpness saved my family....!!!!!
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