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Law Offices of Patrick C. McGuinness, LLC

Understanding Asylum Eligibility Lawyer, Plainfield CityIn this article, you can discover:

  • Eligibility for asylum is based on fear of persecution.
  • Method of entry doesn’t affect asylum eligibility.
  • Applying within one year of entering is crucial.

Who Qualifies For Asylum In The United States?

To qualify for asylum, any person who fears persecution in their home country can apply. However, there are various factors to consider when determining eligibility. Convincing a judge or having an asylum officer assess the case is necessary since similar facts may not result in qualification for both individuals.

How Does Entering The United States Illegally Affect Someone’s Eligibility For Asylum?

The manner of entry into the country does not impact eligibility for asylum. Whether someone crossed the border illegally or not, they can still be eligible for asylum as long as they apply within the one-year deadline. The crucial factor is submitting the asylum application before one year of being in the United States.

What Are The Steps To Initiate The Asylum Process? Can My Family Apply On My Behalf?

If you are a child, you can be included in a parent’s application as a derivative. However, you cannot have a sibling file an application for you since you must personally sign the application, affirming its truthfulness and accuracy to the best of your knowledge. You can apply for asylum in the United States or start the process in your home country before coming to the United States and await the adjudication of that application.

Can I Add A Family Member To My Asylum Application?

You can include your legally married spouse and your children who are under 21 in your asylum application.

What Common Mistakes Do People Make That Can Diminish Their Chances Of Receiving Asylum?

One common mistake is waiting until their first court date to file the asylum application. It is crucial to file the application before the one-year mark of entering the United States. Sometimes, the first court date is scheduled several years in the future, so waiting until then to file the application is too late.

What Is The Difference Between A Strong Asylum Case And A Weak Or Frivolous One?

A frivolous application consists of fabricated claims. It is important not to lie in your asylum application, as it will severely harm your chances. A strong asylum case is highly dependent on the specific facts but generally involves the presence of substantial evidence. Police reports, medical records for injuries, statements from witnesses or individuals familiar with your situation can strengthen your case.

How Long Does The Asylum Process Usually Take, And What Factors Affect The Timeline?

The duration of the asylum process varies. Some cases may be resolved within 90 days, from the moment of entering the border to receiving a final decision from the asylum office or immigration court. However, due to the current immigration backlog, there are cases that have been pending for over 10 years. Therefore, it is challenging to provide a specific timeline. The process can range from very quick to extremely long, depending on the circumstances.

How Long Can The Process Be In Cases That Are Particularly Lengthy?

We have seen cases that have been pending for over 10 years. Unfortunately, backlogs and various factors, such as weather-related closures, judge unavailability, government shutdowns, and the impact of events like COVID-19, can cause delays and frequent rescheduling of court dates. Consequently, individuals can endure extensive waiting periods for their court hearings.

For more information on Qualifying For Asylum In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 645-1006 today.

Law Offices of Patrick C. McGuinness, LLC

Get Your Questions Answered Today
(908) 645-1006

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