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Asylum
Asylum in the United States
Under United States law, a “refugee” is a person that is unable or unwilling to return to their home country due to a number of reasons. Under United States law, refugee status can apply to people that have a “well-founded fear of persecution” because of their religion, race, political activity, or a number of reasons that make a return home potentially unsafe, thus they seek asylum in a country that can protect them from persecution. Under the current administration, the government is making it harder and harder to save refugees and offer them a safe future in the United States. Our attorneys have dedicated a life time of work fighting for this right to be free in America. Our founding owner, David J. Rozas, a former military veteran, have always believed that as Americans, it is our duty to protect those who are suffering or under the threat of suffering be it at home, or abroad. Althought the process of refugee resettlement and/or asylum can be a daunting task, that’s where the immigration attorneys at Rozas can help.
We will assist you in navigating the paperwork and legal requirements necessary to being declared an asylum-seeking refugee by the U.S. government, working for you to meet the high burden set by the government.
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What Does it Take to Obtain Asylum Status?
If you were to handle this on your own, you would need to fill out the Form I-589 for U.S. Asylum within a year of coming to the United States. The form has to be done in English and it is a lengthy and complicated form, but we can help. If it is an affirmative aslyum, an asylum officer will interview you thoroughly based on what you’ve written, so we can make sure you don’t answer questions differently than what you’ve written down. You may also be asked questions that aren't from the form, so just be prepared for a lengthy interview. In addition, you could end up in detention awaitng your aslyum trial before an Immigration Judge. Our team of lawyers are trained to handle this exact thing! We have countless hours in the court room fighting for aslyum / withholding of removal / CAT (convention against torture) and are more than willing to start fighting immediately on behalf of you or your loved one.
We highly recommend getting a lawyer from the very beginning of your attempt at gaining asylum, whether you’ve traveled from Honduras, Cuba, or any other country, an experienced asylum attorney at Rozas will help you gather the right documents and prepare you to testify. A person seeking asylum faces a tough fight, but with proper legal representation from one of our experienced attorneys, that fight will be much easier. Contact one of our experienced attorneys today at Rozas at 225-341-6945 to get started.
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225-341-6945
Immigration is complex and we have the experience.
Our experience with the complex laws of immigration has provided thousands of families with the ability to stay close and with their family here in the United States while navigating the complicating laws of immigration. Let us guide you through this complex area of law. If you or a loved one is facing an issue in immigration court, you need help navigating through the justice system. That’s what the law firm of Rozas is here for.
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Frequently Asked Questions About Asylum
Asylum is a protection granted to foreign nationals already in the United States or arriving at the border. The asylum seeker definition states they also must meet the international law definition of a refugee, which is a person who fears persecution or has a well-founded fear of persecution because of their race, religion, nationality, or membership in a particular social group or political opinion. Essentially, if someone experiences violence or danger in their home country due to their race, religion, or other beliefs, they can seek protection in the United States.
A majority of Asylum cases fall into 2 main categories, Affirmative cases and Defensive cases. Affirmative cases are for those who have never applied for Asylum or have never even made contact with immigration services. The second type, Defensive Asylum, basically means that a person who is in the removal process may apply as a defense against removal from the United States. These cases, especially Defensive cases, can be very complicated. If you, a friend, or a family member are seeking Asylum, whether it be Affirmatively or Defensively, it is highly recommended that you contact an experienced immigration attorney to represent your case.
An asylum seeker, called an Asylee, is already in the United States or arriving at the border. A refugee requests protection while they are still in their home country. The only other major differences are largely procedural. No matter if you are an Asylee or a Refugee, it would be wise to contact an experienced immigration lawyer to help with your case.
Although every person will be able to go through the process for their Asylum application, there are a few things that will bar an applicant from receiving Asylum. This applies to those who:
- have assisted in the persecution of others
- are threats to US safety or security
- are already “firmly resettled” in another country
- have previously applied for & have been denied Asylum
- applied for Asylum more than 1 year after entering the United States
- have travelled through a “safe third country”
While these rules are fairly strict, there are exceptions to the 4th and 5th bars. In both, a change in situation in the applicant’s home country can grant another change at Asylum. Additionally, if a person has been here for more than one year, and there were “extraordinary circumstances” that prevented them from applying, then they may be an exception to the rule and granted Asylum. In any immigration case involving asylum, citizenship, work visas, or anything else, it is highly recommended that an experienced immigration attorney is contacted to help with the process.
Visit our contact page to submit a form to our law firm to schedule a consultation with an experienced attorney to handle your criminal defense, immigration, or family law needs. English and Spanish-speaking representation is available.