Asylum

If you are fleeing your home country due to fear of persecution, asylum may offer you a pathway to safety and a future in the United States.

Asylum provides protection to individuals who have suffered or have a well-founded fear of suffering harm because of their race, religion, nationality, political opinion, or membership in a particular social group.

At Immigration Spurgin, we are committed to helping individuals and families who seek refuge in the U.S.

We understand that the asylum process can be complex and emotionally draining, and we are here to guide you through every step, ensuring your claim is presented effectively and with the best chance of success.

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What is Asylum?

Asylum is a form of international protection given to individuals in the U.S. who are fleeing persecution in their home countries.

This protection allows eligible individuals to stay in the U.S. and avoid being returned to a country where they face danger or threats.

To be eligible for asylum in the United States, you must demonstrate that you have been persecuted or have a well-founded fear of persecution based on one or more of the following grounds:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group (e.g., gender, sexual orientation, or social/economic status)
Asylum in the USA - Immigration Spurgin

Eligibility for Asylum

To qualify for asylum, applicants must meet specific criteria set forth by U.S. immigration law. These include:

  1. Timely Application: You must apply for asylum within one year of your arrival in the United States unless you can prove changed circumstances or extraordinary circumstances that prevented you from applying within the one-year window.
  2. Fear of Persecution: You must demonstrate a genuine fear of persecution or harm based on the grounds mentioned above.
  3. Presenting a Credible Case: You must present a detailed account of the reasons you fear persecution. This can include witness testimony, affidavits, country conditions reports, or other evidence that supports your claim.
  4. No Serious Criminal Convictions: If you have a history of certain criminal convictions, it may affect your eligibility for asylum.

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The Asylum Process

The asylum application process involves several steps. It’s important to follow each step carefully to avoid delays or denial of your application.

Here’s an overview of the typical process:

1. Filing Your Asylum Application (Form I-589)

The first step is to complete and submit Form I-589, Application for Asylum and for Withholding of Removal. This form asks for details about your background, your reasons for seeking asylum, and the circumstances that led to your fear of persecution.

Asylum Process Step by Step - Immigration Spurgin

Immigration Spurgin will help you fill out this form accurately and completely, ensuring that every piece of necessary evidence is included. We will also help you craft a compelling personal statement to accompany your application.

2. Receiving a Receipt Notice

After your Form I-589 is submitted, you will receive a receipt notice from the U.S. Citizenship and Immigration Services (USCIS), confirming that your asylum application has been accepted.

3. Biometrics Appointment

You will then be scheduled for a biometrics appointment where your fingerprints and other identifying information will be taken for background checks.

4. Asylum Interview or Court Hearing

Depending on whether you are applying through the affirmative asylum process or defensive asylum process, you will either have an asylum interview with a USCIS officer or be scheduled for a hearing before an immigration judge.

  • Affirmative Asylum: This process is for individuals who are not in removal proceedings. You will have an interview with a USCIS asylum officer, who will decide whether to grant you asylum.
  • Defensive Asylum: If you are already in removal proceedings, your asylum claim will be heard before an immigration judge in an immigration court.

We will help you prepare for this crucial interview or hearing, ensuring that your testimony is clear, consistent, and compelling.

5. Decision on Your Application

After your interview or court hearing, you will receive a decision:

  • If granted asylum, you can remain in the U.S. and may apply for a work permit. You will also be eligible to apply for a Green Card (lawful permanent residency) after one year.
  • If denied asylum, you may have the option to appeal the decision or pursue other immigration relief options, such as withholding of removal or Convention Against Torture (CAT) protection.

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Benefits of Asylum

Receiving asylum status in the U.S. offers several benefits:

  • Safety from Persecution: You can remain in the U.S. and avoid being sent back to your home country where you face danger.
  • Work Authorization: After receiving asylum, you may apply for a work permit (Employment Authorization Document, or EAD) and legally work in the U.S.
  • Family Reunification: Once granted asylum, you can petition for your spouse and unmarried children under 21 to join you in the U.S.
  • Pathway to Green Card: After one year of being granted asylum, you may apply for a Green Card (lawful permanent residency).
  • Protection Against Removal: You will be protected from deportation or removal to a country where you face persecution.

Why Choose Immigration Spurgin for Your Asylum Case?

Asylum claims are highly complex and require careful attention to detail. At Immigration Spurgin, we have the expertise to guide you through this challenging process.

Here’s why you should choose us to handle your asylum case:

  • Experienced Legal Representation: With over 40 years of experience, Stephen Spurgin has a deep understanding of U.S. immigration laws and asylum regulations.
  • Personalized Approach: Every asylum case is unique, and we work closely with you to build a strong case based on your specific circumstances.
  • Bilingual Services: We provide assistance in both English and Spanish, ensuring clear communication and support throughout the asylum process.
  • Compassionate Advocacy: We understand the emotional and personal challenges that come with seeking asylum. We are here to provide the support, empathy, and legal expertise you need to achieve a successful outcome.

Contact Immigration Spurgin for Your Asylum Application

If you are fleeing persecution and need legal assistance with your asylum claim, Immigration Spurgin is here to help.

We are dedicated to protecting your safety, securing your future in the U.S., and ensuring that your case is handled with the utmost care and attention.

Call us today at 915-779-2800 or contact us online to schedule a consultation. Let us help you start your journey to safety and security in the United States.

Navigating Immigration with Confidence - Immigration Spurgin