For some people in the United States, a return to their home country would be dangerous or life-threatening. Immigration allows certain people in this situation to remain in the United States under a process known as asylum. Asylum is a form of discretionary relief provided by the Department of Homeland Security (“DHS”) under strict conditions. The fact that the relief is discretionary means that DHS can choose to grant asylum and allow the person to remain in the U.S. or to deny asylum and order the person removable or deportable. An experienced immigration attorney can work you through the asylum process.
The individual applying for asylum bears the burden of proving certain things. The applicant must show that they have suffered persecution in the past or have a well-founded fear that they will suffer persecution if they return home. It is important to understand too that not all persecution is protected. Our St Louis asylum lawyers will help if denied asylum in the United States.
Under current asylum law, the persecution must be based on one of five specific reasons:
So is that all that it takes? Is all that you have to do is identify yourself as having one of these characteristics and then you get to stay in the U.S.? With recent unrest in the Middle East, Pakistan and certain African countries, we receive frequent calls about possible asylum. No, unfortunately it is not that easy.
A person requesting asylum or their St Louis asylum lawyer has to show that the potential persecution has a “reasonable possibility” of occurring. You must show that a reasonable person in your shoes would have a legitimate fear of persecution. The Supreme Court has suggested that an asylum applicant must show at least a 1-in-10 chance that persecution will occur. You also have to show that it is one or more of the five recognized reasons – and not some other reason – that you face persecution in your home country.
A well-prepared asylum application should also include certain information about the possible persecution and persecutor. For instance:
St Louis asylum attorney Jim Hacking has the experience and knowledge to help you with your asylum case. While certain areas of immigration law may not call for the involvement of an attorney, asylum cases are document-intensive and require gathering a lot of factual evidence. A bare-bones asylum application with little proof will most likely be denied. Let the Hacking Law Practice, LLC, help you file the best asylum application possible so as to increase your chances of getting it approved. Call us at (314) 961-8200 or email our office today to learn how we can help you with this important process.