Compassionate Immigration Attorney Fighting for the Legal Rights of Asylum Applicants Seeking Immigration Relief in the United States

Sadly, we live in a time where many individuals are fleeing their home countries due to being severely persecuted. In other instances, the political climate of an asylum seeker places them in fear that they will face future persecution due to their nationality, race, ethnicity, religion, political opinion, gender, sexual orientation, or membership in a particular social group. In still other instances, a different political opinion from the majority may be enough for someone to fear for their safety.

However, even though the United States does grant asylum to those who qualify, immigration law is exceedingly complex and requires the legal help of an experienced immigration attorney. For this reason, our law office is dedicated to helping immigrants seek asylum and the peace of mind they deserve.

If you want to learn more about seeking asylum in the U.S., contact Gilliam Law in Chicago, IL, and ask to schedule a free case consultation so that we can review your case and determine what legal options are available.

What is Asylum?

Asylum is a form of protection for individuals seeking to escape feared persecution. A refugee who has come to the United States and fears returning to their home country can seek asylum, allowing them to remain in the U.S. and eventually become a lawful permanent resident. The claim for asylum must be filed within a year of arriving in the country, though exceptions do exist. An immigration attorney can prove to be an invaluable asset when filing an asylum claim. 

Immigration attorneys can provide valuable assistance in even the most complex immigration cases. Your asylum lawyers can assist you in the following ways:

• Ensure that you meet the eligibility criteria to apply for asylum under current immigration laws
• Provide dedicated legal counsel if you should face any obstacles or challenges during the immigration process
• Review your declaration to ensure that it reflects your need for asylum
• Make sure that all necessary documentation and information has been provided during the asylum application process
• Ensure that your asylum application has been submitted in a way that will make it more approachable and readable when under an immigration review 
• Research and gather additional supporting documents that could help your asylum claim
• Assist you and your family members in the preparation for the asylum interview process and making appearances in immigration courts
• Defend your legal rights during the interview process
• Provide additional information and documentation to the USCIS officer about your immigration case, if necessary
• Following the interview, submit a memorandum of law summarizing your asylum case

Contact our Chicago attorney for assistance with immigration legal services. 

What is the Difference Between a Refugee and an Asylee?

In simple terms, a refugee is an individual seeking protection while still being physically present outside of the United States. An asylee is a person fleeing persecution in their home country who requests asylum while at the United States border or already within the country.

To obtain legal immigration status, refugees and asylees must adequately prove their eligibility for legal protection under immigration law. Refugee and asylum status could be granted to individuals who have suffered persecution (or fear persecution) based on their race, religion, nationality, political opinions, membership in particular social groups, and more.

Contact our Chicago law offices to discuss the particulars of your asylum case and your immigration goals. We would be proud to lend valuable legal representation to you and your family members who are seeking asylum in the United States.

What is Considered Persecution?

 When an individual or family experiences physical or mental harm or serious threats that could represent the chance for violence to befall them, it is natural for these individuals to flee their surroundings and move to another part of the country. However, in some instances, simply moving elsewhere within your home country may not be enough. Perhaps the threat could be nationwide, making such a move ineffective. If your fear of persecution requires you to flee the country, you could file for asylum in the United States.

Common examples of persecution include the following:

• Death threats
• Imprisonment, including false imprisonment
• Privacy interference
• Torture
• Unfair or unlawful detention
• Harassment
• Oppression
• Deprivation of basic human rights
• Physical injury or psychological harm
• Discrimination, including housing, education, and other types of discrimination from the government

The information you provide to the immigration courts and USCIS will not be shared with your country of origin. If you have family members who are also facing persecution or who are dependent upon you, it may be possible to petition on their behalf. Qualifying family members include your spouse and unmarried children under age 21. In extraordinary circumstances and special cases, other family members may also apply.

How Do Foreign Nationals Apply for Asylum in Chicago, IL?

There are several specific steps that asylum seekers must undergo to apply for asylum. One of the most crucial aspects is that the asylum applicant must be physically present in the United States before filing an asylum application. In addition, the application must be filed within one year of the applicant’s arrival.

Applicants must file Form I-589, Application for Asylum, and Withholding of Removal. The applicant must provide detailed information about the persecution they could face if forced to return to their home country. The asylum applicant should have as much supporting documentation as possible for this portion of the application.

Form I-589 asks for considerable information regarding the applicant’s background. One of the most essential elements involves what type of persecution the individual feared or experienced. Other information that must be provided includes the individual’s family, work, and criminal history.

Finally, all individuals seeking asylum in the U.S. must complete an in-depth interview. These interviews take place at a U.S. Asylum office and are conducted by a trained Asylum Officer.

Although paper Form I-589 applications are available, the U.S. Citizenship and Immigration Services (USCIS) strongly encourages applicants to file their forms online. Often, paper copies are rejected because forms are incomplete or filled out incorrectly. To avoid any time-consuming delays, it is always wise to seek legal assistance from a knowledgeable asylum immigration lawyer who can assist you with the complicated paperwork.

How to Obtain Refugee Immigration Status?

To receive asylum status, you must proceed through the affirmative or defensive processes.

In the affirmative asylum process, you must apply at the border or be physically present within the United States. Applicants must also not currently be in removal proceedings before an immigration judge. Asylum applicants would then submit form I-589 to the USCIS to apply for asylum. A biometrics appointment will be required, during which the applicant will submit their fingerprints. After the biometrics appointment and a thorough review of the application, the asylum seeker will be required to attend an interview with a USCIS official.

In the defensive asylum process, asylum applicants are in the middle of removal proceedings and request asylum as part of their removal defense. Applicants will no longer be deported from the United States if asylum is granted. The asylum seeker will be required to appear before an immigration judge with the Executive Office of Immigration Review (EOIR). Once the immigration court reviews your eligibility, they will decide on your asylum case.

What is Defensive Asylum?

If you are in removal proceedings in an immigration court, you may apply for asylum via the defensive asylum process. Your request will be submitted to an immigration judge, and you will then be required to be present at your immigration case at a court hearing with witnesses, testimony, and documentary evidence.

Another form of asylum protection is a withholding of removal. This legal protection prevents the United States government from returning you to your home country, where your life, rights, or freedom are under threat. Unlike asylum, withholding of removal does not present a pathway to legal permanent residency or United States citizenship. Instead, it is granted by an immigration judge in defensive applications.

Please contact our Chicago law firm to speak with our experienced legal team to learn more about defensive asylum and removal defense strategies.

What is Temporary Protected Status?

Temporary protective status (TPS) is a type of humanitarian relief designated by the Secretary of Homeland Security. Several foreign countries have been designated for temporary protected status due to conditions in those countries that temporarily prevent their citizens from returning to their home countries safely. In some cases, the countries may be designated for temporary protective status because those countries cannot adequately handle the return of certain nationals.

An asylum seeker may be able to obtain TPS if their home country is experiencing any of the following:

• Natural or environmental disasters
• Ongoing armed conflict or war
• Other extraordinary circumstances and temporary conditions

Those granted temporary protective status will not be deported from the United States and may be able to apply for employment authorization and, in some cases, travel.

The list of countries designated for TPS changes rather frequently. The most recent list at the time of this writing includes the following countries:

• Afghanistan
• Burma
• Cameroon
• El Salvador
• Ethiopia
• Haiti
• Honduras
• Lebanon
• Nepal
• Nicaragua
• Somalia
• South Sudan
• Sudan
• Syria
• Ukraine
• Venezuela
• Yemen

What Would Disqualify an Immigrant from Gaining Asylum in Illinois?

Several infractions can bar an individual from being granted asylum. The officer who reviews the asylum case will take into account any offenses that would bar the applicant from being able to remain in the U.S.

Some of the offenses that may render an applicant ineligible to obtain asylum include:

• The applicant poses a security risk to the U.S.
• The applicant ordered, assisted, or participated in the persecution of another person or violated their human rights
• The applicant has been convicted of a serious crime inside or outside the U.S.
• The applicant had successfully relocated to another country before arriving in the U.S.

Because extenuating circumstances may be involved, anyone concerned about being disqualified for asylum should hire an immigration attorney to thoroughly review the case before the applicant attends the asylum interview.

If you are concerned that something in your background could prevent you from being granted asylum in the United States, contact Gilliam Law. Our highly skilled asylum lawyer can determine the available legal strategies and how we can assist you.

Can You Obtain a Green Card if You Have Been Granted Asylum?

For individuals who have been granted asylum, their overall goal is to become a lawful permanent resident and obtain their green card. The USCIS allows those individuals with approved asylum status the opportunity to become permanent residents after one year.

Waiting one year after being granted asylum status is called “adjustment of status.”

However, the application that must be filled out to obtain an adjustment of status often takes significantly longer than one year for the USCIS to process. As a result, many individuals who have been granted asylum are anxious to obtain a green card and wish to apply for an adjustment of status before the year has been completed.

Furthermore, even though the USCIS recently updated its policies and determined that as long as the application is approved for an adjustment of status after one year has elapsed, the applicant may be eligible to obtain a green card.

However, applicants should be strongly advised that the USCIS is not legally obligated to approve the application for an adjustment of status even if all criteria have been satisfied.

If you still need clarification about the procedures surrounding obtaining a green card after being granted asylum, contact Gilliam Law, located in Chicago, IL, and ask to schedule a free case consultation.

Why Hire Our Chicago Immigration Law Firm for Your Immigration Matters?

Suppose you are seeking protection from persecution in your home country. In that case, you may be eligible to obtain asylum in the U.S. Nevertheless, seeking asylum can be a long, drawn-out process and requires the help of a highly trained asylum lawyer.

At Gilliam Law, our legal team has comprehensive experience helping individuals in all aspects of immigration law and would be honored to assist you with your immigration issues. Our staff is well-trained in government immigration policies and knows what it takes to get favorable client results.

We at Gilliam Law pride ourselves on being accessible to those who trust us with their legal needs. We understand that your time is valuable, so we utilize the latest technology to track cases without needing you to come to the Chicago office in person.

If you or your family members wish to seek asylum in the United States, you will need an asylum immigration lawyer to defend your legal rights. Contact our Chicago, Illinois, law office at 866-511-3422 and ask to schedule a case consultation.

Schedule a Consultation with an Experienced Chicago Asylum Lawyer Today

Once granted asylum, an individual will have the right to remain in the United States indefinitely and the right to apply for a work permit. They can also petition for family members to join them and apply to become permanent residents. Five years after becoming a green card holder, the asylum could also apply for United States citizenship. However, the immigration process for obtaining asylum can be complicated. It is highly recommended that you retain professional legal representation from asylum attorneys.

Contact our Chicago law firm to discuss your case in more detail with our knowledgeable legal staff and asylum attorney. Our law office offers free consultations to prospective new clients interested in retaining our legal services.

To schedule your free case evaluation, please contact us at 866-511-3422.