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Asylum Lawyer

An Asylum Lawyer can help protect you from danger in the United States.

Asylum lawyer services are for people who have fled their home countries due to persecution and want to find refuge in another country.  Those who qualify can apply for Asylum in the United States.  Importantly, this is a form of protection that gives them the right to live anywhere they choose within a particular country.

Amazingly, the United States is one of the most open countries in the world.  It offers a multitude of opportunities for those seeking new beginnings.  However, people sometimes find themselves outside their home country and they need to apply for Asylum.

An Asylum lawyer can help protect you from danger by helping you receive legal status.  They can also help with processing paperwork, providing guidance on how to become self-sufficient, and much more!

A person who is seeking Asylum needs an Asylum lawyer to help them with this process.  These lawyers have extensive knowledge about immigration law.  Further, they can provide advice on how you can protect yourself from danger while moving forward with your application.

What is Asylum?

Under U.S. law, Asylum is a lawful immigration status for someone who has experienced – or likely will experience – persecution in their home country.  Importantly, the persecution must be on account of one of five very specific reasons:

  • Race;
  • Religion;
  • Nationality;
  • Political opinion; or
  • Particular social group.

Each element of this definition has its own legal definition and requirements.  As a result, winning Asylum in the U.S. requires much more than telling an Immigration Judge that you are afraid of returning to your home country.  Instead, your Asylum lawyer will help you show that:

  1. The harm that you suffered or will suffer meets the legal definition of “persecution”
  2. That the persecution happened or will happen because of your race, religion, nationality, political opinion, or particular social group; and
  3. Your alleged “race,” “religion,” “nationality,” “political opinion,” or “particular social group” actually meets the definition of those terms under U.S. law.

Therefore, Asylum is not easy to obtain.  While you may have a legitimate fear of returning to your home country, you still may not legally qualify for Asylum.  You may not meet one of the protected grounds.  Or, your fear may be unrelated to your particular protected ground.  Therefore, contact an experienced United States Asylum lawyer for help.

What are the benefits of applying for Asylum?

Both an application for and a grant of Asylum come with significant benefits.  First, some Asylum applicants may apply for work permits one year after submitting their Asylum application.  However, not everyone who applies for Asylum qualifies for a work permit.  Further, the laws surrounding these types of work permits are changing rapidly.  So, it is important to speak with an experienced Asylum lawyer in the USA to determine your eligibility.

A grant of Asylum also comes with benefits unique from many other immigrant categories.  For example:

  • You are permitted to live and work in the United States without having to apply for a work permit.
  • You may also apply for certain limited government benefits without the fear that using these benefits would disqualify you from applying for a green card in the future.

Finally, you may apply for a green card one year after your approval.  This is as opposed to 3 or 5 years for other categories of immigrants.

Can I apply for Asylum?

To apply for Asylum, you must:

  1. Be in the United States;
  2. Not already have a green card or US Citizenship; and
  3. Have a legitimate fear of returning to your home country.

Remember, it does not matter whether you entered legally or illegally.  In addition, it does not matter if your lawful immigration status has expired.  To see if you may quality, contact an Asylum lawyer today!

When should an Asylum lawyer help me apply?

The deadline to apply for Asylum in the United States is very strict.  Your application MUST be submitted within one year of your entry to the United States.

However, there are some exceptions to this rule.  Simultaneously, these exceptions are very limited.  If you miss the 1-year deadline, you may still qualify if you can show that:

  1. You were prevented from submitting your application due to circumstances outside your control;
  2. There are new circumstances which cause you to fear return to your home country; or
  3. You were under the age of 18 when you entered the U.S.

In addition to your Asylum application, you must also submit evidence that one of these exceptions applies to your situation.  As a result, it is crucial that you have an experienced Asylum lawyer guide you through each step of the process.

Different types of Asylum applications

There are two types of Asylum applications: Affirmative and Defensive.  In both cases, you must submit evidence to show that you meet each of the Asylum requirements discussed above.  Because each Asylum case is so particular, the evidence required will vary depending on your specific circumstances.  Generally, the evidence will include:

  • Identity documents;
  • Affidavits from witnesses;
  • Police reports;
  • Medical reports; and
  • Documentation of the dangerous conditions in your home country.

Affirmative Asylum Applications

Your Affirmative Asylum application is submitted directly to U.S. Citizenship and Immigration Services (“USCIS”).  USICS also decides these applications.  Here, the immigrant is coming to the USCIS on their own and asking the U.S. government for Asylum.

Defensive Asylum Applications

Defensive Asylum applications go to the Immigration Court.  This occurs after an immigrant is already in removal proceedings.  Therefore, an Immigration Judge decides.

Can an Asylum lawyer help if my application is denied?

An Asylum lawyer can absolutely help if your application has already been denied!  Your lawyer’s course of action will depend on whether your application was affirmative or defensive.

Let’s assume your affirmative application through USCIS is denied.  Here, your case is referred to the Immigration Court.  Therefore, you will have a second opportunity to argue your case – this time before the Immigration Judge.  You will also have the opportunity to ask the Judge for other forms of relief which were not available to you when your case was before USCIS.

On the other hand, you may have applied defensively before the Immigration Court.  If denied, you may appeal the Judge’s decision to the Board of Immigration Appeals (“BIA”).  The BIA will review all the evidence already presented and will make their decision based on the existing record.  Alternatively, you may be granted one of the other forms of relief that protect you from deportation from the United States.

What can I do if my Asylum application is completely denied?

If Asylum is denied, you may still have other options.  An experienced United States Asylum lawyer can also help obtain relief under two other programs:

  1. Withholding of Removal (“Withholding”); or
  2. The Convention Against Torture (“CAT”).

A grant of relief under either program prevents the U.S. government from deporting you to a country that is not safe.  However, both of these forms of relief are still very difficult to get.  Importantly, they do not come with the same benefits as Asylum.  Most notably, if you are granted either Withholding or CAT relief, you will be ordered deported from the U.S., but you will not actually be required to leave.  You will be allowed to live and work in the United States until the government determines that circumstances in your home country are no longer dangerous for you, but you will not be able to apply for a green card unless you have another route to get one, such as through a family member.

Can an Asylum lawyer explain Withholding of Removal?

The requirements for Withholding of Removal are very similar to Asylum.  However, there are two important differences.  First, your application does NOT have to be submitted within one year of entering the U.S.  Second, the standard of proof for Withholding of Removal is much higher than for Asylum.  Therefore, instead of just showing that you have a reasonable fear of persecution upon return to your home country, you must also prove to the Judge that the persecution you fear is likely to happen.

How do I obtain relief under the Convention Against Torture?

The requirements for relief under the Convention Against Torture are somewhat different than the requirements for Asylum and Withholding of Removal.  Here, you must specifically prove to the Judge that you are likely to be tortured and/or killed if you are forced to return to your home country.

Do I have any other options?

Remember, you may also apply for any other forms of relief for which you qualify.  At the time of your final hearing regarding Asylum, you may choose the form of relief that your attorney feels gives you the best chance of success.  Also, you can ask the Judge to decide on each one.

How much does an Asylum lawyer cost?

When safety is a concern, it can be difficult to work with the immigration system on your own.  An asylum lawyer will help you apply for asylum in a safe and efficient manner.  The cost varies depending on what type of service is required for your specific case.  Typically, you can expect to pay a few hundred dollars per hour.  On the other hand, sometimes your lawyer may be able to charge a flat fee.  That flat fee may cover the entire case or a certain portion of the whole process.

How can I find the best Asylum lawyer for me?

Are you searching for an experienced Asylum lawyer in the United States of America? We can help you!

Feel free to consult our guide to finding the best lawyer for you.  While this guide was written specifically with personal injury cases in mind, many of the same principles apply when looking for the best Asylum lawyer for you.

Finally, we can help regardless of where you are located.  For our more local clients, our offices are conveniently located in and around the greater Philadelphia area.  However, we can help even if you are located in another state or country!

Can I get an Asylum lawyer free consultation?

Yes, you can get an Asylum lawyer free consultation by contacting Kitay Law Offices!  You can reach us online or by calling 888-KITAYLAW.

dayetzi mendoza
dayetzi mendoza
18:59 02 Nov 18
I highly recommend them. They fight for your case until you win!!! I’m very content with my results.
David Daiello
David Daiello
15:54 02 Nov 18
Mr. Ken Kitay is very professional and I have been dealing with him and known him for about 15 years. He has been not only my attorney,but we have used him in several family members cases as well. When you deal with mr. kitay and his staff ,you're not only a client ,your family! Mr. Kitay and his team only know one thing ,your best interest and how to win!! On behalf of myself and my family, there's no one better we can recommend, A TRUE WINNING TEAM!!! And on a final note ,my family not only had a great attorney, he is part of our family for life. Thank you and may God bless you and your staff as you have blessed my family .
Jocelyn Gabriel
Jocelyn Gabriel
16:06 21 Sep 18
I have known Ken through a mutual friend for over 2 years. Over those 2 years Ken has been a great mentor, friend and my own personal attorney. His staff is helpful and responsive to all my questions and provides great service. Ken has a good team and they're great at what they do. I strongly recommend Ken to anyone who needs an attorney!
Iliana Cruz
Iliana Cruz
20:26 20 Aug 18
Ken was very caring and concerned about my legal situation. Ken was also very attentive and showed me the direction to take. The law firm handled my social security case and did an excellent job. I didn't have to do anything. I'll refer all my friends and family to Kitay Law offices they are amazing.
Erica Julia
Erica Julia
20:12 20 Aug 18
Ken gave me good advice and tried to help me as much as he could. He gave me a couple of different options and directions to take for my legal issue. Id refer all my friends and family to Ken
Maria Garcia
Maria Garcia
16:40 17 Aug 18
Ken Kitay is a great attorney. I think he is very kindhearted, smart and knows what he is doing. I feel very comfortable with him it's like I have known him forever. I recommend all my friends and family to Kitay Law Offices.
Maiker Lora
Maiker Lora
22:41 05 Jun 18
While no one wishes to find themselves injured, one word describes Kitay The Best . Kitay knows what he is doing. Ken is really knowledgable, trustworthy, smart and knows the right people... Kitay is an attorney who can guide you through the process. I was very impressed with Kitay's ability. I always refer all my friends and family to Ken Kitay.
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Yanissa de Leon
Yanissa de Leon
2020-03-13T16:19:29+0000
Great recommendation , Paul is awesome!!
Rocio Alava
Rocio Alava
2020-02-07T18:32:46+0000
excelente servicio muy buenas personas. los recomiendo.. te hacen sentir muy seguros y te ayudan mucho..
Monica A Masteller
Monica A Masteller
2020-01-02T19:58:11+0000
Excellent service, Excellent Lawyers, Best Law Firm in Lehigh Valley!
Yudy LR
Yudy LR
2019-10-05T14:14:25+0000
Fue dificil la mala experiencia que me tocó vivir que me llevó a buscar la ayuda legal de esta firma de abogados, quienes me han representado muy bien... me siento muy complacida y satisfecha por su buen trabajo y su buen trato... mi agradecimiento en especial es para Raysha
Dazzy Torres
Dazzy Torres
2019-08-16T21:25:53+0000
About two or three weeks ago, I went to Kitay Law Office for some legal advice. I was in an unfortunate accident & needed a sense of direction. Rysha reassured me that I do have a case. Unfortunately she couldn’t take the case but she explained exactly what I could do in order to pursue my case.
Gilda Martinez
Gilda Martinez
2019-08-16T21:13:14+0000
My girlfriend & I recently visited Kitay Law Office for a consultation , recommended by a friend . The services were great even though Rysha couldn’t take the case herself she pointed us in the right direction & we are very thankful .
Lori Capriglione
Lori Capriglione
2019-08-16T14:51:13+0000
The staff returned calls in a timely manner
José Fernandez
José Fernandez
2019-08-13T15:44:04+0000
Muy excelentes te ayudan y pelean por tus beneficios laborales ! Los recomiendo ..Marta es muy amable y atenta!!
Carla Buezo
Carla Buezo
2019-08-07T23:40:09+0000
Los numero #1 en todo el area de Pennsylvania. gracias por el apoyo a la comunidad hispana. Ellos an sido los abogados de mi familia por mas de 10 años. En casos de inmigración y en mi negocio.Perla y Marta son mis amigas por más de 10 años muy profesionales.Yo refiero a todos mis amigos y familiares a la s oficina de abogados de Kitay.
Yulianys Salazar
Yulianys Salazar
2019-08-07T01:44:51+0000
muy profecionales y excelente servicio al cliente, estoy tranquila de estar trbajando con ellos demuestran buena calidad humana y eso es dificil de encontrar, los recomiendo de corazon nuestra comunudad latina.
Dariel Martinez Morillo
Dariel Martinez Morillo
2019-07-31T15:58:58+0000
Estoy completamente satisfecho con este abogado de alentado es uno de lo mejor abogado que yo podido conocer me ayudó bastante y profesionalmente bien en mi caso es tuve una experiencia muy bien se los recomiendo
Enrique Aguirre
Enrique Aguirre
2019-07-27T18:15:59+0000
nos atendieron muy bien,y fue un placer conocernos, los felicito y los recomiendo.
Dalianna Martinez
Dalianna Martinez
2019-07-18T18:50:28+0000
Very good Service, thetas help a lot
N Fernandz Ortz
N Fernandz Ortz
2019-07-14T20:32:45+0000
exelente servicio muy confiables
Evelyn Liriano de Hernandez
Evelyn Liriano de Hernandez
2019-07-12T02:11:15+0000
i recommended Kitay 100% because the way they tread me very responsables and human be...thank you
Carlos H. Cordova
Carlos H. Cordova
2019-07-11T21:14:05+0000
Muy buena atención al cliente muy buena información
Yudiana Liz
Yudiana Liz
2018-12-18T20:59:39+0000
Me siento sumamente agradecida,con los servicios que recibí de Kitay law offices y de todos las agradables personas que forman parte de esta oficina,sigan así ayudando y representando a los que necesitamos de sus servicios,gracias bendiciones. Yudiana Liz. I feel very grateful, with the services I received from Kitay law offices and all the nice people who are part of this office, continue to help and represent those of us who need your services, thank you blessings. Yudiana Liz.
Angel Robert Ramirez
Angel Robert Ramirez
2018-11-15T02:03:21+0000
Los servicios ofrecidos por el personal de la Oficina son excelentes, tanto si vamos en persona o si llamamos por telefono. La persona que recibe a los clientes es muy amable y siempre preocupados por los requerimientos de los clientes. Excelentes Servicios!
Waldemar Morales Ortiz
Waldemar Morales Ortiz
2018-11-09T01:55:38+0000
I definitely will recommend Kitay law office they have excellent outstanding staff in Allentown office , they are friendly and professional they will help you out with your Law services.; )
Misael Rodriguez
Misael Rodriguez
2018-11-07T21:50:36+0000
Cuando estuve en la oficina de Allentown buscando ayuda para mi caso, inicialmente fui atendido por la señora Marta GUIDO , con la sorpresa de oírla hablar en español. Durante la conversación con la abogada, la señora Marta siempre estuvo muy atententa para ayudarme. Fue muy cortés y profesional. Le estoy muy agradecido con ella y con todos los empleados de esa oficina.Misael Rodríguez.
Luz Muñoz
Luz Muñoz
2018-11-07T02:25:21+0000
En la oficina de Allentown, la señora Marta fue muy amable cuando fuimos a averiguar para un caso de mi esposo y siempre está dispuesta para ayudar y su forma de tratarlo a uno de la mucha confianza y tranquilidad a uno es una excelente empleada
Yolanda Mulero
Yolanda Mulero
2018-11-05T20:50:24+0000
Excellent service. Would recommend Kitay group to any one who needs and attorney.
Mendez Luz
Mendez Luz
2015-03-10T11:57:37+0000
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