Applying for Asylum Relief in the U.S.
Asylum can help people who have been the subjects of persecution, torture or harm in their home countries obtain relief from removal from the U.S. Asylum relief is based on the definition of “refugee,” which refers to someone who:
- As a result of a well-founded fear of being persecuted on the basis of race, religion, nationality, political opinion or membership in a particular social group, was outside of his or her native country; and
- Due to that fear, was unable or unwilling to avail him or herself of the persecution in that country.
Thus, in order to qualify for asylum, one must establish he or she meets the criteria to be a refugee.
At the Law Office of Peter Duong, our San Francisco immigration lawyer has nearly two decades of experience helping people file for and obtain asylum in the U.S. Known for providing caring, exceptional legal services, our attorney and his trusted staff have the skills, insight and resources you can count on to help you resolve any immigration issue as favorably and efficiently as possible.
Basic Eligibility Requirements for Asylum
In order to qualify for asylum in the U.S., an applicant has to establish that (s)he qualifies as a refugee by proving that:
- (S)he is unable or unwilling to return to the country of origin or the last country of residence.
- (S)he is unable or unwilling to avail him- or herself of the persecution in that country – While this can involve proving that the circumstances in the home country are beyond the applicant’s ability to change or control, it can also involve proving that an applicant is not willing to find protection in the home country due to a well-founded fear of persecution.
- (S)he is deserving of asylum relief.
Here, it should be noted that persecution is defined by international law as a “threat to life or freedom.”
More Important Information about Asylum
- Benefits of asylum – Asylum allows foreign nationals to lawfully remain in the U.S. indefinitely. It also allows them to apply for work authorization and, after one year, apply for legal permanent residence. Another benefit of asylum is that it is also available to the spouses and children accompanying or following principal asylum applicants.
- Time limits for applying for asylum – In general, those who wish to apply for asylum must do so within one year of arriving in the U.S. There can be exceptions to this limit, but it is generally best to pursue an asylum application as soon as possible when it is clear that this change in status is needed.
- Bars to asylum – Certain factors can immediately disqualify certain people from being eligible for asylum in the U.S. Just some of these factors can include being convicted of a serious crime, having already resettled in a third country, presenting a danger to U.S. national security or having a history of participating in the persecution of others in any way.
For additional information regarding asylum in the U.S., click here. Or simply contact a San Francisco immigration attorney at the Law Office of Peter Duong today for answers to all of your questions about asylum and other immigration matters.
Contact a San Francisco Immigration Lawyer at the Law Office of Peter Duong
Get experienced help applying for asylum in the U.S. by contacting a San Francisco immigration lawyer at the Law Office of Peter Duong. Our trusted lawyer is committed to providing each of his clients with the highest quality immigration services at affordable rates while working diligently to successfully resolve their immigration issues.
To discuss your options for resolving your immigration issues – and to learn more about how we can help you, call us today at 415.231.5143 or email us via the contact form on this page. From our offices based in San Francisco, our attorneys provide superior representation and legal services to clients throughout the Bay Area, the state of California and the world.