Asylum Attorney in Inland Empire
If you or a loved one has undergone persecution or threats in your home country – or if you fear persecution if you would return – the United States government allows you to apply for asylum in the U.S. no matter what your immigration status, provided you meet certain criteria.
The persecution must stem from your nationality, ethnicity, political opinions, religion, or your membership in a persecuted social group. Additionally, you will need to provide a sworn statement that explains why you left your home country and the reasons that you are afraid to return there.
It’s a scary position to be in – and that’s why our immigration attorneys will stay by your side throughout the process, doing all we can to keep you safe from the situation in your home country that brought you to the U.S. in the first place.
Don’t wait. Book your appointment with one of our compassionate immigration lawyers today.
Affirmative Asylum Proceedings
Foreign citizens who are physically present in the U.S. or those who seek entry at a U.S. port of entry have the right to file an Application for Asylum and Withholding of Removal form with the USCIS. There is a time limit, however, so it’s a good idea to start the process immediately.
Unless you can claim that your circumstances have changed, you need to file the form (I-589) within one year of your last entry into the U.S. If you are dealing with extraordinary circumstances, you need to talk to one of our experienced immigration attorneys so that your petition will be more likely to succeed, even if you are outside the one-year window. Since asylum applications are currently backlogged, you can request a two-year authorization to work in the U.S. after you’ve filed your asylum application.
Affirmative asylum proceedings are designed for asylum seekers who are not currently in removal proceedings. This process involves submitting your asylum claim directly to the U.S. Citizenship and Immigration Services (USCIS), where an asylum officer will review your case.
You will be required to attend an asylum interview, during which the officer will evaluate your eligibility based on the evidence and testimony you provide. It is crucial to prepare thoroughly for this interview with the assistance of an experienced asylum lawyer who can help you gather supporting documents and develop a strong legal strategy.
The application process also involves providing detailed personal statements and evidence that demonstrate past persecution or a well-founded fear of future persecution based on protected grounds such as race, religion, nationality, political opinion, or membership in a particular social group. Proper legal counsel can help ensure your application meets all legal requirements and increases your chances of being granted asylum status.
Don’t go it alone when it comes to asylum. The USCIS scrutinizes asylum applications thoroughly, so having a lawyer who can help you make your case is essential. Get in touch with our legal team today. Schedule A Consultation
Defensive Asylum Proceedings
If the USCIS has already initiated proceedings against you, you can still file an I-589 application. The proceeding differs a bit from the affirmative asylum process. In a defensive asylum process, the USCIS will schedule you for a hearing in front of an immigration judge.
The judge will listen to your testimony and that of your witnesses and look at the evidence you have presented. Additionally, the judge will ask you questions concerning your experience of persecution and your fear of returning home. Usually, the judge will make a decision at the end of your hearing.
If the judge approves your application, you can apply for a green card after a year of continuous physical presence in the U.S. Needless to say, it is critical that you have an expert immigration attorney by your side to make sure that you present a compelling case. If you’re already in immigration court, it’s not too late. Contact one of our immigration lawyers today.
Defensive asylum cases are often more complex than affirmative cases because they occur within removal proceedings, where the stakes are higher. The burden of proof lies with the applicant to demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, as outlined in federal law. An experienced asylum attorney can help gather supporting evidence, such as country condition reports, affidavits, and medical records, to strengthen your claim.
Throughout the defensive asylum process, you will have multiple opportunities to present your case, including submitting written legal briefs and attending court hearings. Immigration judges have discretion in their decisions, and the legal process can involve appeals if your application is denied. Navigating these appeals requires specialized knowledge of immigration law and procedures.
Moreover, defensive asylum applicants may also be eligible for other forms of relief, such as withholding of removal or protection under the Convention Against Torture (CAT), depending on their circumstances. An experienced attorney can assess your eligibility for these protections and advise you accordingly.
California Asylum Attorney
It is important to note that the immigration court system can be backlogged, leading to lengthy waiting periods for hearings and decisions. Having legal representation ensures that your case is managed efficiently and that you meet all procedural deadlines, which is vital to maintaining your legal status and increasing your chances of a successful outcome.
If you or a loved one is facing removal proceedings and seeking asylum, do not hesitate to seek professional legal assistance. Our skilled immigration attorneys in the Inland Empire are dedicated to providing comprehensive legal representation throughout the defensive asylum process, helping you navigate the complexities of immigration law and fight for your right to remain in the United States.

