Olney, MD Asylum Lawyers

Lawyer for Affirmative Asylum or Defensive Asylum in Olney, Maryland

People may immigrate to the United States for many reasons, including conditions in their home countries that have put them and their families at risk. For people who are fleeing violence, persecution, or political oppression, asylum may provide a path to safety and stability. The laws of the United States of America provide legal protection granted to those who cannot return to their home countries because they have a well-founded fear of persecution. The asylum process may provide a way for a person and family to remain in the country legally and rebuild their lives without fear of harm.

Securing asylum can be a complex process. An immigrant will need to meet strict eligibility requirements, and detailed evidence may need to be provided to support their claim. At Immigration Legal Advisors, PLLC, our Olney asylum attorney can provide guidance to people who are seeking protection from persecution. Whether filing an affirmative asylum application or requesting defensive asylum during deportation proceedings, we will help gather the necessary documentation and advocate for solutions that will help our clients and their families protect their safety.

The Legal Basis for Asylum in the United States

Asylum may be granted to a person who demonstrates that they have been affected by persecution in the past or have a well-founded reason to believe that they will experience persecution. To qualify for asylum, a person must show that persecution is based on at least one of the five protected grounds:

• Race, including a person's skin color, ethnicity, or ancestry
• Religion, including specific religious practices, denominations, or sects that have been targeted
• Nationality, which may be based on a person's country of origin or a country where they lived in the past
• Political opinions that differ from a country's ruling government or have been targeted by certain militant groups
• Membership in a particular social group, which may include a broad range of categories, such as people in the LGBTQ+ community, victims of human trafficking, or people who have been targeted by gangs or militant groups

Persecution may include physical violence, torture, threats to life or liberty, unlawful imprisonment, sexual violence, denial of education or employment, or other forms of serious harm.

The Benefits of Asylum Protection

When asylum is granted, the recipient will be allowed to remain in the United States. They will also be eligible for a variety of important benefits, including:

• Protection from deportation
• Eligibility to apply for work authorization
• Ability to petition to bring their spouse and unmarried minor children to the U.S.
• Eligibility to apply for a Green Card one year after being granted asylum
• Access to certain social services and refugee assistance programs

Asylum can be a life-saving form of relief. To show eligibility for asylum, a person will need to present a compelling and well-documented case. Our attorney can help applicants clearly explain the circumstances of their persecution, collect supporting materials, and prepare testimony or affidavits to strengthen their claims.

Affirmative Asylum

An affirmative asylum application may be filed proactively by someone who is physically present in the United States and who is not currently in removal proceedings. The application must be submitted within one year of the person's most recent arrival in the U.S., unless they can show that extraordinary conditions prevented them from applying sooner.

After an asylum application is accepted, an asylum interview will be scheduled. During this interview, an officer will ask detailed questions about the applicant's background, their experiences in their home country, and their reasons for seeking asylum. Our lawyer can provide representation during interviews, helping to clarify complex issues, ensure that the matter is handled fairly, and advocate for asylum.

If asylum is granted, the applicant and any qualifying family members included in the application may remain in the United States. If the claim is not approved, and the applicant does not have a lawful status in the U.S., the case may be referred to immigration court, where the person may pursue defensive asylum.

Defensive Asylum in Removal Proceedings

Defensive asylum may be a potential defense against deportation. After a person has been apprehended by immigration authorities or referred to court following the denial of an affirmative asylum application, they may request defensive asylum.

In defensive asylum cases, the person must present their claim before an immigration judge during removal proceedings. The applicant must demonstrate their eligibility for asylum based on credible testimony and supporting evidence.

The defensive asylum process may involve multiple hearings where the judge will hear arguments, review evidence, and determine whether to grant asylum. Because defensive asylum is litigated in immigration court, representation from an attorney is vital. The legal and evidentiary standards in these cases are strict, and immigrants may find it difficult to effectively present their case or respond to challenges from the government without help from an experienced attorney.

Legal Support for Asylum Seekers in Olney

Asylum cases may involve federal statutes, international treaties, and court decisions that continue to evolve. In recent years, changes in asylum procedures, administrative rules, and eligibility requirements have made the process more complicated.

Our lawyer can help applicants prepare asylum applications, identify the strongest legal arguments, and avoid common pitfalls that could lead to denial. We can also assist with filing appeals or motions to reopen if an asylum claim is denied. We will make sure our clients can take every available opportunity to fight for the right to remain in the United States and protect the safety and well-being of themselves and their families.

Contact Our Olney Asylum Lawyer

When there are concerns about returning to your country because of the risk of persecution or violence, asylum may offer the protection and stability you need. At Immigration Legal Advisors, PLLC, we will help you understand what options are available, and we will provide the representation you need to address these issues correctly and maintain safety and security in the U.S. Contact our Olney, MD asylum application attorney by calling 571-441-2233 to set up a confidential consultation and learn more about your legal options.