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Los Angeles Asylum Lawyers

What’s the Process for Getting Asylum?

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Individuals applying for asylum in Los Angeles County must adhere to strict requirements and qualifications. If you or a loved one qualify for asylum, you can live and work in the United States, become a lawful permanent resident and eventually apply for citizenship.

With that in mind, if you’re interested in applying for asylum in Los Angeles, it’s in your best interest to consult with an experienced LA asylum lawyer. Our asylum attorneys at the Best Immigration Lawyer can file asylum on your behalf and represent you throughout the entire process. Our LA asylum lawyers are experienced, skilled, and prepared to work for the best possible outcome in your case.

What is Asylum?

Foreign nationals who meet the internationally recognized definition of “refugee” may be granted asylum in the U.S. per the federal laws on asylum.

Asylum offers refugees protection if they’ve suffered persecution or have a well-founded fear that they will face persecution in their home country because of their nationality, race, religion, sexual orientation (LBGTQ identity), membership in a social group, or political opinion. If granted asylum, a person can get on the path to eventually becoming a citizen of the United States.

It’s important to note that a person can only apply for asylum within the U.S. or at a port of entry. Furthermore, applicants must apply within one year of being in the United States. Individuals who are currently in deportation proceedings may be eligible for “defensive asylum.”

Asylum requests in Los Angeles are discretionary. That means that an application can be denied for any number of reasons. If your application for asylum in Los Angeles is approved, you’re entitled to live and work in the United States. Additionally, as mentioned above, it creates a path for you to obtain permanent residency, and eventually, citizenship.

Who is Eligible for Asylum in Los Angeles?

Seeking asylum in LA can be a complicated process due to complexity of immigration laws, international standards and the political environment. Generally, eligibility for asylum in Los Angeles requires:

  • The applicant to have been harmed or have a well-founded fear of future harm due to his or her race, religion, political opinion, nationality, or membership in a social group
  • The persecution must have been conducted by the applicant’s government or by a group that the government refuses to or can’t control
  • The applicant must face a threat “nationwide” in his or her home country and not just a specific area of that country

In addition to the requirements listed above, many circumstances could lead to an application for asylum in LA being denied. For this reason, it’s very important to have a skilled asylum lawyer representing an applicant.

What Would Disqualify Me From Getting Asylum in LA?

If you’re applying for asylum in Los Angeles you must convince immigration authorities of two things: (1) you’ll face persecution if you return to your home country and (2) you’re eligible under the law for “asylee” status. In the United States, immigration authorities can deny your application for many reasons. Some of the most common causes include the following:

  1. You helped to persecute others
  2. You applied for asylum in Los Angeles more than a year after arrival in the United States
  3. You’re deemed a threat to national security
  4. You’ve already resettled in a safe third country
  5. You previously applied for asylum in the U.S. but were denied

If you’re interested in applying for asylum after being in the U.S. for more than a year, there may still be options available to you, depending on your particular circumstances. Contact us today to discuss the details of your case so that we may be able to help you.

How Long Will It Take For My Asylum Application In LA To Be Decided?

If you’re granted asylum in LA, it does not expire. However, that doesn’t mean that asylees have permanent permission to live and work in the U.S. The government, specifically the USCIS, has the authority to end your asylum status if the following apply:

  • There is no longer a “well-founded” fear of persecution due to a change in circumstances in your home country
  • Another country has offered you protection
  • You obtained asylum status in LA through fraudulent activities
  • You committed specific crimes or other actions that could make you ineligible for asylum

Every LA asylum case is different. With that in mind, USCIS will approve or deny your application based on your unique circumstances. Working with an experienced asylum attorney in Los Angeles can significantly increase the likelihood of approval.

What Happens if My Asylum Application is Denied?

If your initial (“affirmative”) application for asylum in LA is denied by an asylum officer, your case will automatically be referred to Los Angeles Immigration Court, so long as you’re currently on a valid visa.

The immigration court will hear your case and consider your request for asylum. At the conclusion of the hearing, the immigration judge will render his or her decision on your case orally or later in writing.

If your request for asylum is denied by an immigration judge, you can submit an appeal to the Board of Immigration Appeals within 30 days of the immigration court’s decision. If your request is denied at this stage, applicants can take their appeal to the United States Court of Appeals for the Ninth Circuit and, potentially, even the United States Supreme Court.

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