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We Protect Asylum Seekers

Asylum Attorneys in Oakland

Providing Passionate & Proficient Representation

Asylum is protection from danger. In the context of United States immigration law, seeking asylum means seeking protection in the U.S. from persecution in another country. Persecution can take many forms, including physical violence, death threats, detention, torture, rape, sexual violence, or substantial economic deprivation. To be eligible for asylum in the U.S., you have to have a “well-founded fear” of persecution if you return to your home country — and you have to prove it to an immigration judge or officer.

According to the law, the persecution you fear must be on account of your race, religion, nationality, sexual orientation, political opinion, or membership in a particular social group, and your fear must be based on the probability of actual danger. You may also be eligible for asylum because of the fear of domestic violence.

We Help People Seek Asylum in the United States

At Landerholm Immigration, A.P.C., we help clients seek asylum in the United States.

If you can answer “yes” to any of the following questions, we may be able to help you apply for asylum:

  • Are you afraid something bad will happen to you if you go back to your home country?
  • Is your home country dangerous or war-trodden?
  • Have you or your family members been tortured, imprisoned, or otherwise subjected to violence in your home country in the past, or are you worried that you will be if you return?
  • Have you ever been harmed in your home country because of who you are or what you believe?
  • Have your religious or political freedoms ever been restricted in your country?

Asylum is a complicated and risky area of the law. If you are rejected for asylum, you may have to leave the United States. Before you engage in the asylum process, talk to an attorney who knows the law and whom you trust.

Things That Can Bar You from Asylum

Certain things can keep you from being eligible for asylum in the U.S., including:

  • Waiting too long. Anyone seeking asylum has to apply for it within one year of arriving in the United States unless they can meet one of two difficult exceptions.
  • Committing a serious crime. Being convicted of certain crimes or having a history of persecuting others can bar you from asylum.
  • Supporting terrorist groups. Giving material support to a group identified as a terrorist organization can keep you from being granted asylum.

Asylum Tips

To win asylum, you must show that you have a well-founded fear of persecution on account of your race, religion, nationality, political opinion or your membership in a particular social group. If you are approved, then you are eligible to become a green card holder and eventually a citizen, allowing you to travel outside of the United States. You can then petition for your family, and you will get work authorization. Withholding of Removal is similar to Asylum. It is often used when the applicant has missed the one year deadline to apply for Asylum.

Convention Against Torture (CAT): A Last Option

CAT is a last-ditch effort for those who have triggered bars to asylum. Bars prevent an immigrant from qualifying for asylum in the United States. To win a CAT case, you must show that it is more likely than not that you would be subjected to torture if returned to your country, either by the government or with acquiescence to the government. If you can show this, you will be granted deferred action, and will not be deported from the United States.

Call our asylum attorneys in Oakland to learn more about how we can help you. Contact Landerholm Immigration, A.P.C. today at (510) 756-4468 to set up a free evaluation.

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