Asylum Attorney in San Jose

An Immigration Lawyer Driven to Help Those in Need Find Refuge

Every year, thousands of people qualify to come to, or remain in, the U.S. for asylum. Asylum means a place of refuge from persecution.

Under U.S. immigration law, you may qualify for asylum in the U.S. if you are a foreign national and are suffering persecution because of your:

• Race
• Nationality
• Political views
• Religious beliefs

The legal procedure differs depending on if the person who is seeking help is in:

• The United States (this is called asylum status) or
• A foreign country (this is called refugee status).

We’ll cover both of these for you below.

Who Qualifies for Asylum in the United States?

When already in the United States, the important thing is to act quickly before you have to leave again. To begin the process toward requesting asylum status to gain permanent legal residency, a Form I-589 must be completed.

You may include on the form your spouse and any children under 21 years of age who are unmarried. The form is then filed with the asylum service center which serves the state where you currently live. You must file within one year of your arrival to the U.S.

If you don’t have a visa and are in the U.S. unlawfully, you may still seek asylum using this form. However, if you are judged to not qualify, you could then be required to leave the U.S.

The main point that must be proven in the form is that you cannot return to your country without fear of facing the types of persecution noted above. As the process moves forward, you will be required to provide fingerprints and photographs of yourself. Later, an interview is required, and you are allowed to have an attorney as a representative.

Once granted asylum, you can legally work immediately. You can petition to have your family join you. Also, after one year, you may apply for permanent resident status by filing a Form I-485 to get a Green Card.

Who Is Entitled to Refugee Status?

For the purpose of immigration law, refugees are not in the U.S. nor in their home country, and they cannot go home because of actual or feared persecution of the types stated above. The refugees must apply for or be referred to the U.S. Refugee Program (USRP).

Most often, refugees are started on the process by officials of the U.N. High Commissioner for Refugees. Some refugees are referred by a U.S. Consulate or Embassy. Some can apply directly to the USRP, providing they are from nations with humanitarian concerns or priority.

Personal interviews are given to the refugees to determine the validity of their claims. If eligible for refugee status, the refugee will be able to travel to the U.S. for settlement and, within a year, apply for permanent residency status.

Put an Experienced Asylum Attorney in Your Corner

As a person seeking refuge from persecution at home, success in your quest is crucial. Thus, it is of the utmost importance to have experienced and dedicated representation fighting for you. Our San Jose immigration lawyer works tirelessly for our clients to gain refuge here in the U.S. For him it’s personal.

Call Terkiana, Inc. Immigration Attorneys today at (415) 909-0503 or contact us online to schedule a consultation with our skilled asylum attorney!