If you are seeking asylum, contact a San Francisco asylum lawyer at Getachew & Ansari Immigration Attorneys, P.C. Medya Ansari is an asylum lawyer, representing clients in San Francisco and the Bay Area.
Asylum Lawyer in San Francisco
Only a small percentage of people who ask for asylum receive it, and the process can be difficult and stressful. San Francisco-based Getachew & Ansari Immigration Attorneys, P.C. can help you with all aspects of your case.
How a San Francisco Asylum Lawyer Can Help
An asylum lawyer can:
- Give you legal advice
- Advise as to whether your application is likely to be successful
- Identify options and paths to reach your immigration goals
Medya Ansari is an asylum lawyer in San Francisco who can provide legal counsel for your specific situation and represent you in the asylum process.
Understanding Asylum Law in the United States
The United States recognized international asylum law in the 1967 Protocol and passed the U.S. Refugee Act of 1980. Asylum allows an individual physically present in the United States to remain in the United States; they may receive work authorization while the application is pending and apply for a Green Card once the U.S. government grants the asylum application.
- Individuals who fear persecution, torture, or fear return to their country may receive asylum.
- A spouse and sons and daughters of the eligible person may be joined in an asylum application. In addition, family members may be sponsored after the initial application is approved.
- There is no limit to the number of asylum applications that may be approved each year.
- The United States generally has three different processes for asylum—affirmative, defensive, and an Asylum Merits Interview.
- Many applicants will file Form I-589.
- To apply for asylum, the applicant must be in the United States and must apply within one year of arrival, although there are exceptions such as changed circumstances or exceptional circumstances.
The Role of an Asylum Lawyer in San Francisco
The role of an asylum lawyer is to:
- Maximize your chances of having your asylum application approved.
- Help you determine the best way to apply.
- Help you present your case.
- Minimize stress.
- Answer your questions.
- Explain what you need to do.
- Help you appeal or take the next steps from an unfavorable decision.
- Prepare you for an interview.
- Represent you if your case goes to court.
Your asylum lawyer in San Francisco is your legal counselor and can prepare documents and represent you in hearings.
Eligibility Criteria for Asylum Seekers
To be eligible for asylum, a person must fear persecution based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a social group
A person may be eligible if they are physically present in the United States or if they appear at the border and state an intention to apply for asylum.
The Asylum Application Process
Asylum in San Francisco is based on United States law. There are three different procedures and avenues to apply for asylum depending on your current situation and manner of entry: affirmative, Asylum Merits Interview, and defensive.
1. Affirmative Asylum Processing
With affirmative asylum, the person must be present in the United States, not in removal or deportation proceedings, and submit Form I-589, Application for Asylum and Withholding of Removal, within one year of arrival. As mentioned, certain exceptions may apply.
The application process is non-adversarial and conducted by a USCIS immigration officer.
Usually, the applicant provides an interpreter if the applicant wishes to testify at the interview in their native language.
If not initially approved, the applicant is referred to the DOJ Executive Office for Immigration Review (EOIR). A judge conducts a de novo ( a new or fresh) hearing, deciding without regard to the initial outcome.
The applicant may live in the United States while awaiting the proceedings and may receive work authorization upon request.
2. Asylum Merits Interview
If a person is placed in expedited removal proceedings, they may indicate their intention to apply for asylum. USCIS (US Citizenship and Immigration Services) will refer the person for a credible fear screening to determine their initial eligibility for asylum. If the person’s fears are credible, USCIS will refer the case for an Asylum Merits Interview or issue a notice to appear before an immigration judge for full determination and adjudication of the asylum application.
The person does not file Form I-589. Instead, their Asylum Merits Interview is considered as their application.
3. Defensive Asylum Processing
A person is typically placed in defensive proceedings if they are in removal proceedings or if they are determined ineligible to proceed through the affirmative process. This includes when a person is apprehended in the United States or at the border without proper documents.
A defensive asylum proceeding is adversarial. If unsuccessful, the immigration judge orders the person’s removal from the United States. Either party may appeal an initial decision.
Helping Spouse, Sons, and Daughters
A spouse and sons and daughters ( if they are under 21 and unmarried) may be included in an asylum application as long as they are present in the United States.
Work authorization for asylum seekers
We can also help you pursue work authorization through an application for an Employment Authorization Document (EAD) while your application for asylum is pending.
If you are granted asylum, you are immediately authorized for work. In that case, an EAD is not necessary.
Challenges Faced by Asylum Seekers
Asylum seekers face significant personal and legal challenges. They are fleeing unsafe conditions and making their way to another country. They may have limited financial resources while also learning a new language and culture.
The process can be long and difficult. A San Francisco asylum lawyer from Getachew & Ansari Immigration Attorneys, P.C. can represent you and help make this arduous process as smooth as possible.
Contact Getachew & Ansari Today
Start with a consultation with a San Francisco asylum lawyer today. Contact Getachew & Ansari Immigration Attorneys, P.C., to get legal help now.
San Francisco Asylum Office & Interview Location
Physical address:
75 Hawthorne Street, 7th Floor
San Francisco, CA 94105
Mailing Address:
USCIS, San Francisco Asylum Office
PO Box 77530
San Francisco, CA 94107
Email: SanFranciscoAsylum@uscis.dhs.gov
Phone: (415) 575-1300, (415)865-3587 and (415) 865-3586
San Francisco Asylum Interview Location
In addition to the San Francisco Asylum Office, USCIS has opened a location in Oakland, CA. Your case may be scheduled for an interview at either location.
Physical address:
1301 Clay Street, Suite 170N
Oakland, CA 94612
Mailing Address:
USCIS, San Francisco Asylum Office
PO Box 77530
San Francisco, CA 94107
Email: sanfranciscoasylum@uscis.dhs.gov
Phone: (415) 575-1300
You must have an appointment at the San Francisco asylum interview office.
There is no public parking available at the office. However, the office is accessible by public transit, and there are commercial parking lots near the building.
In addition to these asylum offices, other U.S. immigration offices in the Bay Area handle a variety of other matters. Carefully read your case information to determine the location for your appointment or hearing.
