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The United States offers asylum status as a form of humanitarian relief to foreign nationals who are at risk of being persecuted in their home nation based on their race, religion, nationality, political opinion, or membership in a particular social group. If you need to apply for asylum or already have asylum status and need to speak with an asylum lawyer, this Guide to Applying for Asylum in the United States will help answer many of your questions.
An asylum lawyer at Natalia Darancou Law can assist you whether you are seeking asylum as a form of removal defense or if you just arrived in the United States. We do not recommend applying for asylum without the guidance of an experienced asylum lawyer. Your chances of a favorable asylum related decision increase when you are represented by an asylum lawyer with a history of success.
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Natalia Darancou was born and raised in El Paso, Texas to Mexican-American parents and is a native Spanish speaker.
Member of the New York State Bar, Texas State Bar, and a member of the American Immigration Lawyers Association (AILA).
Asylum status is a form of humanitarian relief provided for in the U.S. Immigration and Nationality Act, but you must be on U.S. soil or at a port of entry to request it. To seek humanitarian relief from outside the United States, you would apply for refugee status.
If you request asylum directly from an immigration official while being detained or arriving at the port of entry, they will interview you to decide if you have a credible fear of returning home because of the persecution you or someone like you would face. Keep in mind, when you are on U.S. soil, you can speak with a lawyer at any point, even if you are in detention.
If you apply for asylum with the help of an asylum lawyer, your attorney will help you figure out if you have a fear that would be considered credible. Your asylum lawyer may be able to help you collect evidence to support your claim of eligibility.
Your asylum lawyer will examine your individual circumstances to decide if you are eligible for affirmative asylum or if your situation requires you to apply for defensive asylum.
Your asylum lawyer will explain that affirmative asylum is only available to you if you haven’t been put into removal proceedings yet. If you haven’t been put into removal proceedings and are seeking asylum based on your eligibility and your desire for a legal status, your asylum attorney can help you apply for it.
Your asylum attorney will help you request asylum by filing an application with U.S. Citizenship and Immigration Services (USCIS) using Form I-589, Application for Asylum and Withholding of Removal.
If you have already been placed in removal proceedings, your asylum lawyer will use defensive asylum as a removal defense to try to block your deportation. In the case of defensive asylum, your asylum lawyer will file the paperwork with the Executive Office for Immigration Review (EOIR).
Your asylum lawyer will be working to protect you. You can feel safe explaining your history to your asylum lawyer. They may have to file waivers on your behalf, but it’s better to file a waiver as needed than to hide something from your lawyer that would ultimately come out when your application was being reviewed.
Some people simply aren’t allowed to apply for asylum because of their past actions and there’s very little your asylum lawyer can do about that. Regardless though, your consultation with your asylum lawyer is confidential, even if you are meeting while in detention. Your asylum lawyer will ask you about potential bars to asylum to help you decide your best outcome.
You may be barred from applying for asylum if you’ve been convicted of a serious crime or declared a threat to national security.
You will also be barred from seeking asylum in the United States if you have participated in persecuting someone else because of their own race, religion, nationality, political opinion or membership in a particular social group.
If you qualify for asylum, your asylum lawyer may be able to help certain family members stay in the U.S. or come to the country by applying for derivative asylum status for them. Family members that may qualify for this status include your spouse and your unmarried children.
Your asylum lawyer at Natalia Darancou is an expert immigration attorney, so once you’ve gained protection through your asylum status, your next step may be applying for a green card a year later through the adjustment of status process. Your asylum lawyer can explain that process, the costs of applying for a green card after living as an asylee for a year, and much more.
Whether you are seeking affirmative asylum, defensive asylum, or have another immigration related issue, contact Natalia Darancou Law today for your confidential consultation.
The Natalia Darancou Law Firm provides removal defense, family-based, & humanitarian visas, including but not limited to VAWA, u-visa, adjustment of status, consular processing, residency, asylum, and complex crimmigration cases.
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