When individuals face persecution in their home country, the asylum process offers an opportunity to start a new life. A San Diego asylum eligibility lawyer could further explain this process and whether you meet the requirements.
Attempting to navigate an asylum application on your own can be frustrating. Individuals who qualified for asylum should speak to an experienced attorney about their options to stay in the United States.
To apply for asylum, applicants must be facing persecution in their home country because of their religion, politics, nationality, race, or social membership. These individuals may also have reasonable fears of violence against them, or war.
Refugees are slightly different from asylum seekers because refugees request protections before they get into the United States. An asylum seeker enters the country and then requests protection based on their concerns. A San Diego attorney could help individuals determine whether their circumstances make them eligible to apply for asylum.
If a person applies for asylum previously, and the Board of Immigration Appeals or an Immigration Judge denied their request, this could prevent them from applying again. However, there might be an opportunity to reapply in the event that material changes in circumstances impact that person’s eligibility.
The United States also prevents individuals from applying for asylum if they pass through a safe third country. For instance, if the asylum seeker arrived in Canada and then attempted to seek asylum in the United States instead of in Canada, the government will not agree to the request for asylum.
According to a treaty between the United States and Canada, both countries offer a safe haven for refugees, and therefore, an asylum seeker must appeal to the first country in which they arrive. There are other issues that also may impact asylum eligibility, so it is important to consult with a San Diego attorney about a specific case.
After obtaining asylum in the United States, an asylum seeker may need to pursue legal permanent residency status, as asylum alone does not permit an individual to stay in the country indefinitely, and the government can revoke an individual’s ability to stay. Additionally, traveling outside of the United States can be complicated when a person is in the country as an asylum seeker. These individuals will need to request refugee travel documents anytime they leave the country.
Following a successful asylum case, an individual must wait a minimum of one year before applying for a green card. At that point in time, the person will need to meet requirements that any other lawful permanent residency applicant must meet to obtain a green card.
Applying for asylum can be an overwhelming process with many confusing legal requirements. Fortunately, a San Diego asylum eligibility lawyer could work with you to navigate this system if you are facing violence in your home country. If you are seeking asylum in the United States, call a lawyer today.