Silver Spring, Maryland Asylum Lawyer

Attorney Helping Immigrants Apply for Asylum in Silver Spring

For people who are fleeing from violence or dangerous situations in their home countries, the United States represents the opportunity to live in safety. Immigrants may seek asylum, requesting protection and taking steps to build new lives where they can be free from fear of persecution. However, the asylum process is complex, and even small mistakes in an application can jeopardize a person's ability to remain in the U.S. Understanding how asylum works and what options are available is critical for those who are hoping to secure safety in the United States.

At Immigration Legal Advisors, PLLC, our immigration lawyer can provide valuable guidance for immigrants who are pursuing asylum. Whether you are applying affirmatively after arriving in the United States or requesting asylum as a defense against deportation, our attorney can help you prepare a strong case, gather supporting evidence, and advocate for your rights.

What Is Asylum, and What Protections Does it Offer?

Asylum is a form of protection that may be granted to people who are already in the United States or who are seeking entry at a port of entry because they have suffered persecution or have a well-founded fear of future persecution in their home country. The persecution must be based on one or more protected grounds, which include discrimination based on race or nationality, religious persecution, or actions taken due to a person's political opinions or membership in certain groups.

If an immigrant is granted asylum, they will be permitted to remain in the United States, apply for work authorization, and eventually pursue lawful permanent residence (a Green Card). After a certain period, they may also become eligible to apply for U.S. citizenship. An asylum seeker can include their spouse and minor children in their applications to ensure that their family members will also receive protection.

Applying for Affirmative Asylum After Arrival

Immigrants who are not in removal proceedings may apply for asylum through the affirmative process. To do so, they must submit Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS) within one year after they arrive in the United States. There are limited exceptions to the one-year deadline, such as changed circumstances that could affect a person's eligibility or extraordinary circumstances that prevented a timely filing.

The affirmative asylum process typically involves the following steps:

1. Filing an application with USCIS.
2. Completing biometrics (fingerprinting) at an Application Support Center.
3. Attending an interview with an asylum officer who will evaluate the application and ask detailed questions about the applicant's fear of persecution.
4. Receiving a decision from USCIS.

If the asylum officer does not approve the application, and the applicant does not have a lawful immigration status, the case may be referred to an immigration judge to determine whether they should be deported. During removal proceedings, the applicant may pursue asylum as a defense.

Defensive Asylum During Deportation Proceedings

Defensive asylum may be available to immigrants who are facing removal in immigration court. This type of asylum may be requested as a defense against deportation, and the immigrant will be able to present their case before an immigration judge.

Defensive asylum may be an option for:

• Immigrants who were apprehended at a U.S. border or port of entry while attempting to enter the country without proper documentation.
• People who applied for affirmative asylum but were referred to immigration court after a denial.
• Immigrants placed in removal proceedings for other reasons, such as visa overstays or status violations.

In defensive asylum cases, the immigration judge will evaluate the evidence and determine whether the applicant meets the legal requirements for protection. If asylum is denied, the judge may consider alternative forms of relief, such as withholding of removal.

Legal Help During the Asylum Process

When applying for asylum, a thorough understanding of U.S. immigration law can be beneficial, and it is important to carefully prepare all required documentation. At Immigration Legal Advisors, PLLC, we can help with asylum cases by:

• Evaluating Eligibility: Our lawyer can determine whether a person qualifies for asylum, and we can identify any challenges that may affect a petition.
• Preparing the Application: We can make sure all required forms are completed accurately and submitted correctly. We will also help to gather supporting evidence, such as country condition reports, witness statements, and medical or police records.
• Providing Representation in Interviews and Hearings: Our attorney can attend USCIS interviews and advocate on behalf of our clients in immigration court.
• Making Strong Legal Arguments: Our lawyer will prepare and present persuasive arguments that demonstrate that an immigrant's fear of persecution is well-founded.
• Protecting the Rights of Immigrants: We always work to ensure that our clients are treated fairly by immigration authorities while exploring all available legal options for relief.

Contact Our Silver Spring, MD Asylum Attorney

When defending against deportation or taking steps to secure a legal status in the United States, representation from a skilled attorney is crucial. At Immigration Legal Advisors, PLLC, we can help you prepare a compelling case for asylum while addressing any legal concerns that may affect you and your family. Contact our Silver Spring asylum application lawyer at 571-441-2233 to set up a consultation and learn how we can assist you.