COMPLEX ASYLUM CASE REPRESENTATION BY A SKILLED ASYLUM LAWYER IN SAN FRANCISCO
You could be eligible for asylum, withholding of removal, or remedy under the Convention Against Torture Act if you are in the United States and risk being deported to your native country. The San Francisco asylum lawyers at Getachew & Ansari Immigration Attorneys, P.C., have a lot of expertise with this type of case and can help you out with yours.
What is an Asylum Status?
Asylum is a legal status granted by the United States to anyone who can show that they are afraid of mistreatment or persecution in their home country. This can be because of their involvement in a certain group. Asylum differs from refugee protection in that a refugee seeks security while still being outside of the United States. But an asylee requests protection while already within the nation.
If you have a well-founded fear of being persecuted in the future because of your:
- Race
- Nationality
- Religious Faith
- Political viewpoints
- Being a member of a particular social group (This involves being threatened or enduring harm because of your sexual preference, gender, or gender identification.)
Those granted asylum in the United States have the right to stay in the nation indefinitely until the situation in their native country is no more verifiably dangerous to them. Asylees can apply for permanent residency after a year of being granted asylum status, and being physically present in the US. Four years later they can petition for citizenship in the United States.
Depending on your circumstances, seeking refuge might be quite tough. Countless asylum petitions have been prepared and filed by our office with great success. Although no assurance can be made in any situation, having a competent asylum attorney on your side can assist you in building your case and preparing for your interview.
San Francisco Asylum lawyers at Getachew & Ansari Immigration Attorneys, P.C. can assist you in understanding your choices and determining the best legal course of action for you. We provide individualized, candid advice and analysis based on almost over three decades of legal experience.
What is the process of Asylum Application? When should I start?
If you believe you may be eligible, contact an attorney straight away. Asylum applications are particularly time-sensitive, with the exception of a few exemptions. That is because they must be submitted within one year of the applicant’s last entry into the United States, unless “exceptional circumstances” or “changed circumstances” can be proven.
Applicants must demonstrate that the harm they have received or believe they may suffer qualifies as “persecution”. And that the damage is caused because of one of the following protected grounds: race, religion, nationality, membership in a specific social group, or political view (real or alleged).
A governmental actor or a non-governmental actor that the state is unwilling or unable to regulate must cause the injury. These really are complex legal and factual concerns that necessitate the expertise of a professional immigration lawyer. Our lawyers have vast expertise representing both detained and non-detained clients in challenging asylum situations.
What are the options after getting Asylum status?
Asylees have the following options:
- Work legally in the United States
- Request to bring their immediate family to the United States, subject to certain conditions.
- If certain requirements are satisfied, you can apply for lawful permanent resident status and citizenship through naturalization.
How can I obtain asylum help in San Francisco?
Contact the San Francisco asylum lawyers at Getachew & Ansari Immigration Attorneys P.C. Before making any asylum-related decisions, consult with an attorney if possible. If you are granted asylum, you will be entitled to remain in the United States and apply for a residency permit. It is also possible that you’ll be able to petition to bring your immediate family members to the United States. If you do not receive asylum, you will be able to have that decision reviewed.
LEAVE YOUR IMMIGRATION WORRIES IN OUR HANDS
What do I need to apply? What can I do to assist my attorney?
It is critical to have faith in your attorney. Everything you say to your lawyer is kept private. Talk to your asylum lawyer in San Francisco if you’re afraid or ashamed about anything. You can also assist in the gathering of documents for your case. To substantiate your case, your attorney may require your birth cert, ID card, statements from family or friends, or other corroborating documentations in support of your claim. Do not panic if you don’t have any of these papers. Even if you don’t have them, you could still prevail in your case. However, if you can obtain these papers in a secure manner, do so.
Should I hire a “notary” or an immigration “expert” to assist me?
Most immigration “consultants” or “notary” are neither specialists nor attorneys. Before you hire someone to assist you with your asylum case, be cautious. Before dealing with someone, be sure they are an attorney and an asylum specialist.
When should I submit my application?
You must file an asylum application within one year of your last entry to the United States. If you’ve been in the United States for more than a year, you may still be eligible for asylum, but you should consult with a lawyer first. Explain to your attorney why you did not submit your application within the one-year deadline, and with enough evidence of dire circumstances, it can still be considered.
Affirmative Asylum
If you are already in the United States, generally with a legal visa or a visa overstay, you will seek shelter through affirmative asylum. For affirmative asylum, you fill out and file the form I-589 with USCIS (the United States Citizenship and Immigration Services). Unless you qualify for one of the exceptions to the one-year rule, you must petition for asylum within a year after arriving in the United States.
Following the filing of your asylum plea, you may have to wait months or even years. Some unique cases, especially those involving minors, are given top consideration. Normally, you will be asked for a USCIS interview after a few months. If a USCIS official is certain that you are qualified for asylum, it will be approved. Alternatively, you may be sent to the immigration court system, so if you have not already, you should get asylum counsel from a San Francisco Asylum Attorney.
Defensive Asylum
You must file a defense asylum application in immigration court if you:
- came to The United States without a valid visa and seek asylum at the border, or
- if you are illegally present in the United States and were apprehended by ICE (Immigration Customs Enforcement).
Defensive asylum may result in detention or the initiation of deportation or expulsion procedures against you. Hence, it’s critical that you engage with an established political asylum lawyer. Or one who is well-versed in your field of persecution in this situation. This way of seeking asylum bypasses USCIS and instead goes straight to the courts.
Should You Consult a San Francisco Immigration Attorney for Asylum?
If you fear returning to your native country, for assistance with an asylum application, call the Getachew & Ansari Immigration Attorneys today. Our experienced San Francisco asylum lawyers can help you navigate obtaining asylum status, and we have an excellent record of success.
Contact Getachew & Ansari Immigration Attorneys, P.C. at 408-292-7995 to discuss your options and what is required before you get started!