Phoenix Asylum Lawyer

Applying for Asylum in Phoenix

Individuals can apply for asylum in one of two ways: the affirmative process and defensive process. 

• Individuals who are not currently in removal proceedings may affirmatively apply for asylum with the US Citizenship and Immigration Services (USCIS). If the USCIS does not approve the asylum application, they may be referred to the immigration court for removal proceedings, where they may renew their request for asylum through the defensive process.
• A person who is in removal proceedings may apply for asylum through the defensive process by filing the application with an immigration judge and acting as a defense against removal from the US. Asylum seekers who arrive at a US port of entry or who enter the US without inspection must generally apply through the defensive process. 

You must apply for asylum within one year of your most recent arrival in the United States. Failing to apply within this deadline may result in your application being denied. Unfortunately, for many cases, missing this one-year deadline was the sole reason the asylum application was denied.

If you are seeking asylum in the United States, contact Essien Immigration Law for experienced assistance. We can help you determine your eligibility for asylum, how to apply affirmatively or defensively, and make sure you file your application by the one-year deadline. We recognize how life-changing asylum can be for you, and we will do our best to help you obtain the protection and fresh start in life you deserve.

Common Mistakes in Asylum Applications

Asylum applications can be fraught with complexities, and small errors can lead to significant setbacks. One common mistake is failing to provide sufficient evidence to support claims of persecution. It is essential to gather all possible documentation, including personal statements, witness testimonies, and any relevant reports from credible sources. This evidence must convincingly demonstrate the applicant's fears and experiences, and it should align with any provided legal arguments. Working closely with our legal team can help prevent such oversights.

Another frequent error is missing critical deadlines, such as the one-year filing requirement from the date of arrival in the U.S. Failing to meet this timeline without adequate explanation can lead to an application's dismissal. 

Understanding the rules and staying informed about changes in immigration laws, which may offer exceptions to these deadlines, is crucial. Our attorneys can guide you through every procedural nuance, ensuring compliance with all requirements. We are dedicated to providing the most comprehensive support possible to avoid these common pitfalls and increase your application’s chances of success.

The Importance of Legal Advocacy in Asylum Cases

Legal advocacy plays a critical role in asylum cases, where the stakes are incredibly high for individuals seeking protection from persecution. An experienced asylum lawyer not only comprehends the intricate legal standards and processes but also possesses the ability to present compelling arguments on behalf of their clients. This involves organizing and interpreting evidence, crafting persuasive legal briefs, and negotiating complex legal hurdles. A knowledgeable attorney ensures that no opportunity for advocacy is missed and that the client's voice is clearly heard throughout every phase of the asylum process.

At Essien Immigration Law, we dedicate ourselves to providing rigorous representation backed by thorough preparation. We understand that behind every asylum application is a unique story marked by courage and hope. Our legal team prioritizes forming a detailed understanding of each client's history to advocate on their behalf effectively. Our goal is to deliver not just legal services but also a trusted partnership that guides clients through what can be a daunting and intense journey toward safety and stability in the U.S.

Frequently Asked Questions

What Is the Difference Between Asylum & Refugee Status?

Asylum and refugee status both provide protection to individuals fleeing persecution, but they are distinct processes governed by different regulations. Refugee status is typically granted to individuals while they are outside the United States, before they resettle. These individuals apply through a process overseen by international organizations and U.S. agencies. On the other hand, asylum is sought by individuals who are already in the United States or are seeking entry at the border. Seeking asylum requires an application through U.S. Citizenship and Immigration Services (USCIS) or, if involved in removal proceedings, through an immigration court. Understanding these distinctions is important for determining which legal pathway is appropriate for your situation.

How Long Does the Asylum Process Take?

The duration of the asylum process can vary significantly depending on numerous factors, including the case's complexity, the applicant's specific circumstances, submission completeness, and processing times at USCIS or immigration courts. Generally, the asylum interview through the affirmative process takes place within 45 days after the application submission, with a decision usually reached within six months. However, these timelines may be longer due to backlogs and system challenges. Defensive asylum cases are often extended because they are linked with immigration court proceedings.

What Happens If My Asylum Application Is Denied?

If your asylum application is denied during the affirmative process, you will be referred to an immigration judge for removal proceedings, where you can present your case again as a defensive application. If the judge also denies the application, you may have the opportunity to appeal the decision through the Board of Immigration Appeals (BIA). It is imperative to have legal support during this phase to reassess your claim, collect additional evidence, and refine your legal arguments.

Can I Apply for Asylum If I Have a Criminal Record?

Applying for asylum with a criminal record can complicate the process, as certain offenses might render an applicant ineligible for asylum or other immigration benefits. Crimes deemed particularly serious or those associated with terrorism or security threats can lead to an automatic denial. However, not all criminal records will necessarily bar one from applying. It is crucial to have detailed assessments and legal advice to understand the implications of a criminal background on an asylum application. 

How Can an Asylum Lawyer Assist Me?

Working with an asylum attorney provides you with access to comprehensive legal knowledge, strategic planning, and document preparation assistance. An attorney can assess your situation, guiding you toward the best actions while ensuring proper documentation and adherence to legal timelines. They can represent you in hearings and interviews, strengthening your asylum claim through well-documented evidence and expert testimonies. Essien Immigration Law offers a personalized approach, helping clients understand their rights and options and working diligently to assist them in safety and legal protection.