Gaithersburg, MD Asylum Lawyer

Attorney Helping Immigrants Apply for Asylum in Gaithersburg, Maryland

Many immigrants may seek refuge in the United States when they are fleeing violence, political persecution, or human rights abuses in their home countries. For those who are concerned about their safety in their country of origin, asylum can provide a legal pathway to obtain a legal status in the U.S. However, the asylum process can be complex, and an immigrant will need to understand their legal requirements. At Immigration Legal Advisors, PLLC, our lawyer works closely with immigrants to ensure that they can receive the proper protections while advocating for their rights in immigration court.

Defending Against Deportation Through Asylum

One of the most powerful defenses against deportation is the right to seek asylum under U.S. immigration law. Asylum protects immigrants who fear persecution based on factors like race, religion, or political opinions. If granted, asylum allows a person to remain in the United States, work legally, and eventually apply for lawful permanent residency.

Asylum is available in two primary forms: affirmative asylum and defensive asylum. The process an immigrant will follow depends on whether they are applying proactively or are already involved in removal proceedings.

Affirmative Asylum

Immigrants who are not yet involved in removal proceedings can apply for asylum, and if their request is granted, they will receive authorization to remain in the United States. A person can apply by filing Form I-589 with U.S. Citizenship and Immigration Services (USCIS), and they will be required to attend an interview with an asylum officer.

If the asylum officer does not grant asylum, the case is referred to immigration court, where it becomes a defensive asylum claim. By working with a legal representative during the application process, an immigrant can make sure they meet their legal requirements, and they can be prepared for potential court proceedings.

Defensive Asylum

Immigrants who are already facing deportation in immigration court may request asylum to avoid removal from the United States. The case will be argued before an immigration judge, and the Department of Homeland Security (DHS) acts as the opposing party.

Defensive asylum requires presenting detailed evidence and credible testimony to establish eligibility. In these situations, our attorney will prepare clients for their court appearances, gather documentation to support their claims, and challenge any government arguments while demonstrating that they are eligible for relief.

Legal Protections Provided by Asylum

An approved asylum application offers several important benefits:

• Protection From Removal: The immigrant cannot be deported to their home country.
• Work Authorization: Once asylum is granted, the immigrant may immediately apply for authorization to work for employers in the United States.
• Path to Lawful Permanent Residency: After one year of living in the U.S. with asylum status, the immigrant may apply for a Green Card.
• Derivative Family Applications: Certain family members, such as spouses and unmarried children who are under the age of 21, may be included in an asylum application, ensuring that they will also receive protections.

These protections not only offer immediate relief from deportation, but they will also lay the foundation for long-term stability in the United States.

Requirements to Qualify for Asylum

To obtain asylum, an applicant must meet specific criteria:

• Persecution or Well-Founded Fear: The person must show they have suffered persecution in the past or have a well-founded fear of future persecution in their home country.
• Protected Ground: The persecution must be based on one of five reasons: race, nationality, religion, political opinion, or membership in a certain social group.
• Timely Filing: Generally, an asylum application must be filed within one year of the person's arrival in the United States.
• Credibility: The immigration court or asylum officer must find that the applicant has a credible fear of persecution.

Preparing a strong asylum claim may involve documenting past abuse or threats and demonstrating that the conditions in a person's home country would put an immigrant's safety and well-being at risk. Our attorney helps clients compile evidence and present their cases persuasively.

Contact Our Gaithersburg Asylum Application Attorney

For those who have been detained by ICE or served with a Notice to Appear in immigration court, quick and decisive action is critical to defend against deportation. At Immigration Legal Advisors, PLLC, we will gather evidence to show that an immigrant is eligible for asylum, and we will provide persuasive representation in court hearings.

Our lawyer helps immigrants in Gaithersburg defend their right to remain in the United States by addressing concerns related to asylum applications and other related matters. Schedule a confidential consultation today and learn how we can help protect your future by calling 571-441-2233 or contacting us online.