Those seeking asylum in the United States likely have one question: Do I really need a lawyer to win my case? While it is not mandated to hire a lawyer, having an experienced asylum lawyer from the Immigration Attorney network can significantly increase your chances of success.
Keep reading to see what asylum in the U.S. entails and why applicants should consider professional legal assistance.
What Is Asylum?
Asylum is a form of protection granted to individuals in the U.S. who meet the international definition of a “refugee.” Under Refugee Law, this means showing that:
- You are unable or unwilling to return to your home country.
- You fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
You must be physically present in the U.S. or arrive at a U.S. port of entry to apply.
In order to win your asylum case, you must prove a fear of past or future persecution. This process is much easier said than done.
Can You Be Prohibited from Receiving Asylum?
Some grounds can make you ineligible for asylum. These grounds are:
- Missing the 1-year filing deadline after arriving in the U.S.
- Reentering the U.S. after deportation
- Being convicted of a serious crime
- Being considered a national security threat
- Partaking in persecuting others
The Processes of Applying for Asylum
- Affirmative Asylum
This type of asylum is filed with USCIS when not in removal proceedings. If the application is denied, the case may be sent to immigration court. - Defensive Asylum
This type of asylum is filed as a form of Deportation Defense if you are already in removal proceedings. This process is adversarial, and the government does not provide legal representation. - Asylum Processing Rule (Hybrid)
This is a newer process introduced in 2022. After passing a Credible Fear Interview, certain applicants may be scheduled for an Asylum Merits Interview with USCIS.
What Is the Credible Fear Interview?
Asylum applicants who express fear of returning to their country will be interviewed to determine whether the fear is “credible.” There is a difference between “credible fear” and “reasonable fear”.
- Credible Fear is a significant possibility of asylum eligibility
- Reasonable Fear is a higher standard used when the applicant has a history of deportation
Failing the Credible Fear interview can lead to immediate removal, but passing it allows you to apply for asylum. The role of an asylum lawyer during this process is essential.
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Reasons You Need an Asylum Lawyer
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Legal Expertise You Can Trust
- Refugee law is complicated.
- Deadlines, legal definitions, and court procedures change often.
- A skilled asylum lawyer keeps up with everything, so you do not become overwhelmed.
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Detailed Case Preparation
- Asylum cases rely on the applicant’s testimony and supporting evidence.
- An asylum lawyer helps you:
Write persuasive personal statements
Gather country condition reports
Organize your application documents
Anticipate and address weaknesses in your case
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Application Accuracy
- Application errors can mar your case.
- Your lawyer will ensure:
Your paperwork is completed properly
You submit evidence on time
You do not miss any important information
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Effective Representation in Court
- If your case goes to immigration court, you will be up against trained government attorneys.
- An asylum lawyer can help in the following ways:
Cross-examining witnesses
Presenting legal arguments
Fighting for your rights under the law
Can You Apply for Asylum Without a Lawyer?
You can apply for U.S. asylum without the help of an attorney. However, here are the stats to keep in mind:
- According to national immigration data, asylum seekers with legal representation are five times more likely to win their cases than those without.
- Immigration courts do not provide free legal aid. You must find a lawyer or go through it alone.
The nature of refugee law, the stakes of deportation defense, and the challenges of credible fear interviews make legal guidance essential.
Do not go through it alone if you are serious about winning your asylum case. Visit Immigration Question today to hire an experienced asylum lawyer.
Frequently Asked Questions About the Asylum Process
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Can I get a free asylum lawyer?
The U.S. government does not provide free legal representation in immigration court. However, you may be able to find pro bono asylum lawyers or low-cost legal aid through nonprofit organizations. Attorneys in the Immigration Question network reserve the discretion to offer free consultations.
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What happens if I fail the Credible Fear Interview?
If you fail the Credible Fear Interview and are not granted a review by an immigration judge, you can be deported. A lawyer can help you prepare for the interview and, in some cases, request a reconsideration or review.
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How long does the asylum process take?
The length of the process depends on multiple factors. It can take months to several years, depending on:
- Nature of the case
- Backlogs at USCIS or immigration courts
- Whether your case is affirmative, defensive, or under the Asylum Processing Rule
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What happens if I miss the 1-year deadline to apply for asylum?
Missing the one-year filing deadline can bar you from receiving asylum unless you qualify for an exception. An asylum lawyer can assess your situation and apply for an exception if you are eligible.
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Can my family be included in my asylum application?
You can include your spouse and unmarried children under 21 in your asylum application. They do not need to be in the United States during the application.
