In order to initiate the asylum process, you must be physically present
in the U.S., regardless as to whether you have the legal authority to
enter or remain in the country. You must fill out and submit Form I-589,
which is the Application for Asylum and Withholding of Removal to U.S.
Customs and Immigration Services (USCIS), within one year of your most
recent arrival in the U.S., although there are narrow exceptions to this
rule. You will need to be fingerprinted and undergo background and security
checks. Finally, you will undergo an interview with an asylum officer,
who will determine your eligibility for asylum. If you disagree with the
asylum officer’s determination, then your case will be referred
to an immigration judge with the Executive Office for Immigration Review
(EOIR), who will hold a hearing and review your case. While your application
for asylum is pending before USCIS or at the EOIR, you can remain in the
U.S., although you are unlikely to receive a work permit during that time
period. To be eligible for asylum, you must prove that you have been persecuted,
or have a well-founded fear of future persecution, on the basis of your
race, religion, nationality, membership in a particular social group or
political opinion, if you return to your native country. Persecution can
take many forms, such as physical violence, threats of death, detention,
torture, rape, and sexual violence. Many of the cases that immigration
courts hear each day also involve pending asylum claims, and others are
deportation proceedings that are totally unrelated to asylum. The evidence
is uncontroverted that legal representation greatly improves your chances
of success in deportation proceedings in immigration court. Landerholm
Immigration, A.P.C., knows federal immigration law and has the experience
to guide you and advocate on your behalf throughout any type of deportation
proceeding, no matter what the allegations may be. We are familiar with
the wide range of defenses that are available to individuals facing deportation,
and how to build the strongest defense that is available to you, based
on the evidence relevant to your case. Contact your
California deportation defense lawyers
today and discover what we can do for you.
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