Those who are seeking freedom from persecution and harm from the country they fled from, may seek asylum if physically in the United States and who generally file within one year of arrival. This is a very complicated process that you should immediately hire a very experienced Immigration attorney.
WARNING: NO ONE SHOULD EVER FILE FOR ASYLUM WITHOUT AN EXPERIENCED AND LICENSED ATTORNEY. THERE IS NO SUBSTITUTE.
If approved for asylum, a person has an automatic right to file for a green card one year and one day later. In recent years, the Government is not funding the U.S. asylum offices with sufficient funds as it once did. The result is long waiting times before an interview takes place. If a case is pending 150 days or more after being filed, one can apply for a work permit.
A key for an asylum case’s success is the ability of the attorney hired to write a clear and comprehensive history and argument of law based upon the facts received from the client, in addition to thorough research into the applicant’s country conditions. This is time-consuming, but an attorney like Alex Barak who has 39 years of experience, professional writing skills, and is very detailed oriented, gives you a big advantage over most other attorneys, who have not had the education and experience as writers.
How can I get asylum in the USA? When one’s rights concerning religion, ethnicity, nationality, political opinion, or the broad-based “membership in a particular social group” are violated by his/her government or police, or when the government or police will not protect him/her from attacks by fanatics or when systematic discrimination causes severe suffering, asylum is a possible legal remedy. Asylum is a good direction to take if you have suffered persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
After arriving in the U.S. and applying for asylum, which generally must be filed within one year of arrival –although special exceptions apply to those in certain nonimmigrant visas — an applicant can be applied for and have peace of mind he or she has a case filed and is entitled to a work permit after waiting 150 days. With a work permit, one can receive a social security number. Interviews of cases filed will rarely be called within 45 days as is the law which has been ignored since 2013. The USCIS has implemented a new policy to interview new cases within 45 days of filing. Some have been interviewed during that time, but the decisions have been delayed. Just be prepared for a long process, as the USCIS tries to make changes to the system. Only time will tell. Nevertheless, while the case is pending, the applicant, spouse, and children under 21 are protected.
There is a mandatory interview at a specific asylum office. It is conducted in a completely confidential manner. Your attorney prepares you for the interview and will be there for you during the interview, making sure the asylum officer follows all the rules concerning interviews, which forbid an adversarial attitude and treatment. One should present medical and hospital records, arrest records, legal documents that support the claim for asylum. The U.S Supreme Court has ruled that a ten percent chance of persecution may result in a well-founded fear sufficient for asylum.
Proving the actual, exact reason for persecution or feared persecution may be impossible in many cases; hence, an asylum applicant must only establish facts on which a reasonable person would fear that the danger arises on account of one of the protected grounds. In determining whether there is a reasonable fear of persecution, the conditions in the applicant’s country of origin, its laws, and the experience of others are relevant. The applicant’s “desire to avoid a situation entailing the risk of persecution” may be enough to prove a well-founded fear and thus, establish eligibility for asylum relief.
An asylum applicant’s experience of past persecution on one of the protected grounds gives rise to a rebuttable presumption in favor of granting asylum.
An approved asylum applicant is called “asylee” which comes with a work permit. One year and one day after approval, the applicant is virtually and automatically entitled to a green card, unless there is a criminal or security-related issue.
Alex Barak has personally represented many, many clients in asylum cases and interviews. His cases are presented in a professional-level of writing and organization, making it easier for the Asylum Officer to understand your case. The better your case is written, the better your chances of success. Alex Barak’s education and training as a writer give you a big advantage when hiring him.
Alex Barak has been helping individuals like you for the last 39 years. Call our office (954) 961-6200.
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