Orange County Asylum Lawyer
Orange County Asylum Attorney
Moving to a different country, especially when seeking asylum from hostile forces or dangerous living situations, can be a harrowing journey for anyone. Seeking asylum can be a nerve-wracking, difficult process for those coming to the United States, and finding legal representation able to delicately handle these unique issues is key to receiving the protection you need. Making an asylum claim should not be difficult, and the right legal team can be immensely helpful in helping you find security in a new, safer home. In the Orange County area, U.S. Law Center’s legal team can provide the services you need to safely and legally apply for asylum, giving you the stability you need in such an uncertain circumstance.
What Is Asylum?
The right to asylum, or to claim asylum, is an internationally recognized right to flee persecution, mistreatment, or other forms of oppression in your home country and seek protection in another country. The Universal Declaration of Human Rights, as well as the 1951 UN Refugee Convention, outline the stipulations for asylum, including the reasons why one would seek asylum based on certain characteristics or living situations, which help create a basis for asylum and refugee claims. Some of the factors that contribute to any asylum claims can include:
- Race
- Ethnicity
- Sexual orientation
- Gender identity
- Religious identity
- Political affiliation
- Certain social affiliation
- HIV status
For those seeking asylum based on sexual orientation, gender identity, and HIV status, your asylum request needs to be based on past persecution, established fear of persecution based on social climate, or avid government suppression of groups affiliated with these identities. For example, those coming from countries where homosexuality is still criminalized, and revealing this identity is subject to targeted harassment, government scrutiny, or even death, can be grounds for your asylum claim. Once in another country, these claims can be used to solidify an asylum case, granting legal protection from deportation and persecution based on residency status.
Is There a Difference Between Seeking Asylum and Being a Refugee?
Although often used interchangeably, the process of seeking asylum and becoming a refugee varies based on when the process starts. Seeking asylum is the legal process that follows your arrival to a different country, usually as a refugee, and once beginning the process of applying for asylum, you are legally referred to as an asylee. Refugees, on the other hand, are those in other countries that move to a new country based on persecution faced in their home country. Although similar, both processes and labels entail separate legal processes, and being well aware of the differences is key to seeking the proper legal action route.
Once in the United States as a refugee, finding an attorney able to represent you and guide you through the asylum process is important for securing your asylum claim. Upon arrival, you have one year to compile your case and file your petition before being returned to your home country. The accuracy and scope of your filing are crucial for your overall decision and to avoid deportation or a delayed hearing. After receiving asylum, you must reside in the United States for one year before filing for permanent residency and possible citizenship, thus entering the immigration process.
Key Forms and Laws for Asylum Seekers in Orange County, CA
The biggest part of applying for asylum comes from creating a strong petition outlining why you are seeking asylum. Knowing the basis for your claim, in addition to your testimony about that experience, goes hand in hand with international declarations on tolerable behavior and protected classes. When it comes to formulating an asylum case, these international treaties and United States Government forms are crucial for creating a strong case:
- Asylee Form I-485. When petitioning the United States for asylum, a refugee will file Asylee Form I-485, which is an application to register for permanent residence. Once filed and granted, this form can help a refugee receive asylum in the United States, protecting them from deportation.
- The United Nations High Commission on Refugees (UNHCR). The UNHCR is an international governing body that helps facilitate refugee status, migration, and protections to be enforced on an international level. By providing international protections for refugees, this agency helps ensure that individuals seeking asylum in other countries are properly settled in a new country that will not continue their persecution.
- The Universal Declaration of Human Rights (UDHR). Ratified in 1948, the UDHR is a collection of guidelines and stipulations created by the members of the United Nations as a list of rights entitled to people around the globe. When it comes to asylum claims, the abuse of protected rights in this document is often cited as evidence for refugee migration or asylum claims.
- The United Nations Convention Against Torture (UNCAT). Similar to the UDHR, the UNCAT is a treaty drafted by the United Nations to help prevent torture and cruel treatment of individuals based on protected identifying classes. Used as a supplement for asylum cases, individuals in these classes that have either experienced hostility based on their identity or are expected to face persecution if returning can use this treaty to bolster their asylum claim.
The United States, having ratified these listed international treaties and declarations, has an obligation to uphold the agreements outlined in each document, especially when dealing with refugees seeking asylum. With the help of an immigration or asylum lawyer, formulating a case that incorporates these international agreements into your petition is crucial for creating a legally sound case.
Are Green Cards and Visas the Same?
Although seemingly interchangeable, the legal implications of a green card versus a visa are vastly different. Once granted asylum, an asylee can receive a green card, allowing them to stay in the United States. Green cards, similar to a passport marking your home country, are granted to those seeking permanent residency in the United States and can be used as a formal declaration of that residency. Similar to citizenship, a green card ties an individual to the United States, giving them the same legal and civil protections as a typical citizen. After a residency period of three to five years, green card holders can apply for a United States citizenship.
Visas, on the other hand, are temporary grants for living in a certain country and act as a permit of entry to the United States. Non-immigrant visas are used for those who are temporarily residing in the United States for a long period of time, usually for education, work, or vacation purposes, granted with the expectation that the person receiving the visa returns to their home country. Immigration visas, on the other hand, are visas held by people who plan on immigrating to the United States and allow the individual holding the visa to live in the United States as a permanent resident. Although similar, and often used interchangeably, green cards and visas drastically differ in application and legal weight.
Immigration Attorney Helping Orange County Individuals Seek Asylum
Many regions around the world are currently experiencing situations that force their residents to face persecution on a daily basis. Protecting individuals who flee these countries is a critical purpose of US immigration law. However, a significant amount of work is required after arrival in the country. To stay in the US, the government asks that these individuals follow certain steps to establish their status as asylum seekers.
Fortunately, individuals are permitted to stay in the country while navigating the process of officially seeking asylum. This process must be completed within one year of arrival. If you wait longer, you must produce irrefutable proof that a difficult or extraneous situation prevented you from filing the appropriate paperwork to seek asylum within one year. With the proper paperwork in place, after maintaining your status as an asylum seeker for one year, you may adjust your status to become a permanent legal resident. This process provides a more consistent, long-term way to stay in the country legally.
US Law Center: Your Orange County Asylum Attorneys
When it comes to immigration law, no firm in Orange County matches the experience or expertise of the team at the US Law Center. Our skilled Orange County asylum attorneys have been practicing immigration law in the area for many years and understand the unique challenges faced by individuals and families seeking asylum. We can help you complete your asylum paperwork in a timely manner, giving you the best possible chance of a stable, permanent immigration status.
US Law Center will work tirelessly to ensure you can remain in the country. We recognize the turmoil you experienced that forced you to leave your home, and we work diligently to make sure you are welcomed with open arms. Our skilled asylum attorneys specialize in a comprehensive range of immigration issues and can help you maintain or adjust your status in the future.
What Is Seeking Asylum?
Asylum is protection offered under US law to prevent individuals or families from being removed or deported back to a country where they have experienced persecution. Asylum seekers must be present within the United States or at the US border and must be fleeing persecution for a protected trait. Protected traits include:
- Nationality
- Race
- Religion
- Membership in a certain social group
- Membership in a certain political group
To be allowed to remain in the United States, the individual or family must submit an application for asylum. To be granted asylum, they must show proof of the prosecution to demonstrate departure from their home country was necessary. They must also show that returning to their country would be dangerous because they are a member of one of the above protected groups.
It is important to note that you are not considered a US citizen if you are successfully categorized as an asylum seeker, nor do you obtain a green card to establish permanent residency. After one year, you may apply for permanent residency, which allows for more long-term protection.
Why Do I Need an Asylum Lawyer in Orange County, CA?
Though your persecution caused great turmoil that was obvious to you and your family, it is important to remember that you must prove to the United States government that you are being persecuted. This burden of proof is complicated, and it may be more difficult to demonstrate persecution than you think. You also need to prove you are a member of one of the above-mentioned protected classes, resulting in your persecution.
Without a skilled asylum attorney to advocate for you, you risk failing to prove your asylum case. In this situation, your asylum application can be rejected; you can be sent back to your homeland, even if it is dangerous. Our Orange County asylum lawyers can help you prove that you deserve asylum in the United States. We can travel to the border or other ports of entry and work diligently to ensure you are not removed to a country that has proved dangerous for you in the past.
It is important to note that the United States accepts a finite number of asylum seekers per year. This means that you must act quickly and ensure you thoroughly demonstrate persecution and your status as a member of a persecuted class to become a legal asylum seeker. An Orange County asylum lawyer is your best resource for achieving this goal.
Determining Your Long-Term Plans
Many asylum seekers have no desire to return to their country of origin. In most cases, the individual or family wishes to make a new home in the United States, where they can be free of persecution and violence for the foreseeable future. Many asylum seekers ultimately aim to become United States citizens.
If long-term residency or citizenship is your goal, it is doubly important to contact an Orange County asylum attorney. Seeking permanent residency or citizenship is complex, and immigration laws change frequently. An attorney can help you assess your goals based on your situation and your desired timeline. When you work with our attorneys to seek asylum, US Law Center can help you make adjustments in the future as well. Because we know and understand your entire journey, we are well-positioned to continue to help you with your citizenship or residency goals.
Time Is of The Essence
Whether you are already in the country or are at a US entry checkpoint and wish to apply for asylum, you must do so right away. Waiting to file the necessary documents means you risk missing critical deadlines. In addition, long wait periods may appear suspicious, making it more difficult to remain in the country. If you intend to apply for permanent residency as an asylum seeker, waiting too long may result in an additional years’ wait after the annual cap has been met.
Unfortunately, small errors and missteps in your asylum or residency paperwork can require you to start over. In some situations, these errors are cause for removal, which means you will be sent back to your country of origin. There is a very high standard for the asylum and residency process, and meeting that standard is often intimidating. Our attorneys help you navigate the paperwork and procedures accurately and in a timely manner, but it is essential to act now to remain in the country legally.
Contact Our Orange County Asylum Lawyers
No matter your country of origin or current location, the Orange County asylum lawyers at US Law Center can help you navigate the complex asylum proceedings with ease. Our top priority is ensuring that our clients are safe, and we will do everything in our power to ensure that you are not forced to return to a country that has persecuted you or your family. Though the process may seem intimidating, seeking asylum under the law can lead to a sense of security and provide relief for years to come. For more information, please contact us via our website.
FAQs About Orange County, CA Asylum Laws
How do you win an asylum case?
Asylum cases are based on provable, undisputed facts, and compiling these together accurately in your asylum petition is the best way to achieve a favorable outcome. Between personal statements, evidence, and your overall reputation, creating a claim begins with knowing what to include and how to present it. With the help of an attorney, compiling a case able to assure you asylum is achievable.
Can you get legal aid for asylum?
Because this process deals heavily with laws and legal filings, having an experienced lawyer to help with the process is beneficial for having a more complete case. For those without the money needed to file a claim, aid networks around California can help with necessary legal advice or filing fees when applicable.
What is the legal process for seeking asylum?
Once entering the United States, a refugee can apply for asylum by filing Asylee Form I-485, which helps begin the process of establishing a permanent residence within the country. Afterward, compiling the evidence needed to justify this filing helps lead to the process of securing a green card, temporary visa, or citizenship further along in the process.
Is legal aid available for deportation cases?
In recent years, various legal aid networks around Orange County have established an aid system aimed at providing legal representation to those facing deportation for little to no cost. Similar to a public defender system, these cases are based on providing legal support to those in need of a deportation lawyer without the funds to use a private practice.
Talk to Our Orange County Attorneys for Representation for An Asylum Case
Before beginning the process of petitioning for asylum, establishing legal representation is a key part of the asylum process. Compiling a strong legal basis for your claim, including an extensive background of reasoning, evidence of persecution, and a strong personal statement of your experience is hard to do without legal help; however, with an experienced asylum attorney, this process becomes easier to manage. In Orange County, the legal services of U.S. Law Center can help you compile a strong asylum case. For more information on our services, contact us online and schedule a free consultation today.
Our Orange County U.S. immigration law practice is conveniently located next to the Immigration Courthouse in Santa Ana making the process easier for all our clients. Contact us today to see how our services can help you reach your goals regarding U.S. immigration.
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