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Hyattsville, MD Asylum Lawyer

Attorney Helping Immigrants Apply for Asylum in Hyattsville, Maryland

Asylum can provide a lifeline for people who have fled persecution in their home countries and are searching for safety and stability. While this can serve as a critical form of protection, the process of applying for asylum is far from simple. The legal standards are high, and mistakes made during the application process could result in the denial of asylum and the possibility of deportation. Building a strong case for asylum will require careful preparation and experienced legal guidance.

At Immigration Legal Advisors, PLLC, our immigration attorney helps people in Hyattsville pursue asylum and address other legal concerns. We can provide representation for people who are already in removal proceedings as well as those who wish to file affirmative asylum applications. By collecting relevant evidence, preparing clients for interviews or hearings, and working to demonstrate eligibility for asylum, our lawyer can present the strongest possible argument for protection under U.S. immigration law.

Who Qualifies for Asylum?

A person may be eligible for asylum if they can demonstrate that they should not be returned to their country of origin because they have suffered persecution in the past or have a credible fear that they will suffer future persecution. Persecution that may allow a person to qualify for asylum may be based on protected grounds, including a person's race or nationality, the religion they practice, their political beliefs, or their membership in certain social groups.

Persecution may include a range of actions taken to cause a person or their family to suffer harm, including physical violence, sexual violence, imprisonment, torture, threats against a person's life, economic oppression, or systemic discrimination. For an asylum claim to succeed, the persecution must generally be inflicted by a country's government or by groups that the government is unwilling or unable to control.

People who have already suffered persecution in the past may qualify for asylum under a presumption that they would face persecution again in the future. Others may need to present evidence showing that they have a credible and specific fear that they would be targeted in the future.

The Asylum Process: Affirmative vs. Defensive Applications

The procedures followed when seeking asylum will depend on whether a person is already in removal proceedings. A person who is not in deportation proceedings may file an affirmative asylum application. They will attend an interview with an asylum officer, where they will be required to describe their fears and provide supporting documentation. If the application is denied, and the person does not have a lawful immigration status, the case may be referred to an immigration court for further review.

If a person is already facing removal, they may apply for asylum as a defense against deportation. This application may be submitted directly to an immigration judge during removal proceedings. The person will have the opportunity to present testimony, call witnesses, and introduce evidence during a formal hearing.

In both types of cases, the application must generally be filed within one year of the person's arrival in the United States. Exceptions to this deadline may apply in extraordinary circumstances, such as deteriorating conditions in a person's home country, serious illnesses, or trauma that led to a delayed filing.

Helping Hyattsville Residents Apply for Asylum

Whether a client is preparing an affirmative asylum application or defending against removal, our immigration attorney can provide detailed, responsive legal support throughout the process. When building a successful asylum case, it will be necessary to craft a narrative that is compelling, consistent, and supported by credible evidence. Our lawyer can assist with:

  • Drafting personal declarations that explain a person's experiences and fears in a clear and detailed manner.
  • Collecting documents that support a person's claims, including police reports, medical records, affidavits from family or community members, and reports from human rights organizations.
  • Researching and presenting evidence of the conditions in a country to show that the government in the applicant's country is unwilling or unable to protect them.
  • Preparing a person for interviews and hearings, including performing mock interviews.
  • Responding to challenges from immigration authorities, including questions about credible fears of persecution or inconsistencies in a person's testimony.

Challenges That May Arise in Asylum Cases

Asylum cases can be complex, and many factors can affect the outcome. Some common challenges include:

  • Credibility Determinations: Immigration judges and asylum officers will carefully evaluate whether an applicant's statements are consistent and believable. Discrepancies between oral testimony, written declarations, and documentary evidence can hurt a case. Our lawyer will help clients prepare their stories thoroughly and address potential inconsistencies.
  • Lack of Documentation: Asylum seekers may have difficulty obtaining evidence from their home country. Our attorney will work to locate alternative sources of evidence, such as news reports or academic studies, while explaining why certain evidence may be unavailable.
  • One-Year Filing Deadline: Failing to apply for asylum within one year of arrival can result in an automatic denial unless the applicant qualifies for an exception. Our lawyer will evaluate potential grounds for a waiver and present the necessary evidence to support an asylum application.
  • Resettlement and Third-Country Issues: If a person lived in another country before coming to the U.S., immigration authorities may claim that they were resettled and are therefore ineligible for asylum. Our attorney can prepare rebuttals to these claims by demonstrating a lack of permanent status or showing that a person faced risks in the third country.
  • Bars to Asylum: Certain criminal convictions or prior removal orders may disqualify a person from asylum. In these cases, our lawyer will explore alternative forms of relief, such as withholding of removal.

Contact Our Hyattsville Asylum Attorney

If you are an immigrant who fears that you will suffer harm upon returning to your home country, the attorney at Immigration Legal Advisors, PLLC can help you apply for protection while resolving other related immigration issues. Asylum law is complicated, but with proper representation, you can take steps to build a new life in the United States. Contact our Hyattsville, MD asylum application lawyer today by calling 571-441-2233 to schedule a consultation.

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