Refugee & Asylum Visa Lawyer in Philadelphia, PA
Persecution can make people feel unsafe in their home countries, forcing them to leave everything behind in search of safety and freedom. For those facing such dire circumstances, asylum can provide the refuge they need to rebuild their lives and find peace. At Henry & Grogan, our team of asylum lawyers in Philadelphia, PA, is committed to helping individuals and families navigate the complex asylum application process and secure the protection they deserve.
As experienced political asylum lawyers, we will help you develop your case and provide proactive representation, whether you’re applying before the Asylum Office or the Immigration Court. Our goal is to provide the peace of mind our clients deserve. Call our law office today to speak to an asylum attorney about your eligibility for status as an asylum seeker.
What Is Asylum & Who Would Qualify?
Asylum is a form of protection granted to individuals in the United States who have suffered persecution or fear they will suffer persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. This legal protection allows those who qualify to remain in the U.S. and eventually apply for permanent residency and citizenship.
To qualify for asylum, you must demonstrate that you meet the criteria under U.S. immigration law. This includes proving that you have a well-founded fear of persecution in your home country and that you belong to one of the protected categories mentioned above. The asylum process is not automatic; it requires substantial evidence, legal arguments, and, often, the testimony of the applicant. This is why it’s important to hire a knowledgeable asylum lawyer anytime you need to navigate the legal process.
How Do You File for Asylum?
Filing for asylum involves a detailed and rigorous process. An asylum application must be submitted within one year of your last arrival in the United States, though there are some exceptions to this rule. The process begins by completing Form I-589, Application for Asylum and for Withholding of Removal, and submitting it to U.S. Citizenship and Immigration Services (USCIS).
Once your application is filed, you will be scheduled for a biometrics appointment and, eventually, an interview at an asylum office. During the interview, an asylum officer will assess your claim, and you may be required to provide additional evidence or clarify certain aspects of your case.
If the asylum office denies your application or if you are already in removal proceedings, your case will be referred to an immigration court, where an immigration judge will review it. This part of the asylum process can be particularly challenging, as it may involve extensive legal arguments and testimony in court.
Why It’s Important to Work With an Asylum Lawyer in Philadelphia
Navigating the asylum process without legal assistance can greatly affect the chances of your case being approved. After all, the laws governing asylum are complex, and the stakes are incredibly high. For this reason, it’s best to seek legal advice as early in the process as possible. An experienced asylum lawyer can help you understand your rights, prepare your application, gather the necessary evidence, and represent you in interviews and hearings.
Henry & Grogan’s team of Philadelphia asylum and refugee lawyers has extensive experience handling these cases. We understand the nuances of immigration law and are committed to advocating for your rights every step of the way. And, if your case is referred to immigration court, we can present your case in the best possible light to the judge and provide much-needed emotional support during this challenging time.
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What Happens After You’re Granted Asylum?
If you are granted asylum, you will receive an asylum visa and gain the right to live and work in the United States indefinitely. You may also apply for certain benefits, such as a Social Security number, and can petition to bring family members to the U.S. While being granted asylum offers you a fresh start, the legal journey may continue as you seek to reunite with your family or pursue U.S. citizenship. Our team is here to support you through these steps.
Adjustment of Status for Asylum Seekers and Refugees
Individuals granted asylum or admitted to the United States as refugees may be eligible to apply for adjustment of status to become lawful permanent residents. After one year of continuous presence in the U.S., asylees and refugees can file for a green card and begin the path toward permanent residency. This process is a crucial step in gaining long-term stability, access to broader immigration benefits, and eventually qualifying for naturalization.
Our legal team at Henry & Grogan provides guidance and representation throughout the adjustment process, helping clients gather required documentation, complete necessary forms, and avoid delays or denials that could jeopardize their status.
Appeals and Motions to Reopen
When an asylum or refugee visa application is denied, it doesn’t always mean the end of the road. Applicants may still have legal options through appeals and motions to reopen.
Filing an appeal allows you to challenge the decision based on legal or procedural errors, while a motion to reopen can introduce new evidence or changed circumstances that may affect the outcome of your case. These legal strategies can be complex and time-sensitive, which is why working with a skilled refugee lawyer is essential.
Our team helps clients navigate the process, including determining eligibility and preparing detailed filings. If you’re unsure what to do next, we’ll guide you through the next steps after asylum application denial.
The Difference Between Refugees and Asylum Seekers
While both refugees and asylum seekers are individuals fleeing persecution, there are key distinctions in their legal pathways to protection. Refugees apply for protection from outside the United States and must receive approval before entering the country with a refugee visa. Asylum seekers, on the other hand, request protection from within the U.S. or at a port of entry by applying for an asylum visa. These differences impact timelines, application procedures, and available resources. If you need help navigating either process, our experienced team is ready to assist.
What Is Defensive Asylum?
Defensive asylum is sought by individuals who are already in removal proceedings in immigration court. This situation typically arises when someone has been detained by U.S. immigration authorities or has had their asylum application denied by USCIS. In defensive asylum cases, the applicant must present their case to an immigration judge, who will decide whether to grant asylum or order removal from the United States.
Defensive asylum cases are inherently complex and often require a robust legal defense. Removal defense lawyers at Henry & Grogan are well-versed in representing clients in immigration court and will advocate passionately to protect your rights and help you avoid deportation.
Speak to an Asylum Attorney in Philadelphia Today
Seeking asylum is a critical step in securing your safety and future, but it’s not a process you should undertake alone. Our Philadelphia asylum immigration attorneys are dedicated to providing legal assistance to those seeking refuge in the United States. Whether you’re filing an initial asylum application or defending your case in court, our team is here to support you.
Contact Henry & Grogan today to schedule a consultation with an asylum lawyer in Philadelphia who can help you navigate the legal process with confidence.
Frequently Asked Questions About Refugee and Asylum Legal Services
Who qualifies for asylum in the United States?
To qualify for asylum in the United States, a person must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The persecution must be by the government or by groups the government cannot or will not control. Individuals applying for asylum may be fleeing violence, torture, or threats to their lives in their home country.
Can I apply for asylum at a port of entry?
Yes. Individuals seeking asylum in the United States may request it at a port of entry. At this stage, they are often placed in removal proceedings, and a strong legal defense is critical. Our attorneys offer legal services to help you prepare your claim, navigate the interview process, and represent you throughout your case.
What happens if my asylum application is denied?
If your asylum request is denied by an immigration judge or officer, you have the right to file an appeal with the Board of Immigration Appeals. In some cases, the case may even be reviewed by a United States district court if further action is needed. Our asylum attorneys can assess your case and help determine the best course of legal action following a denial of an asylum visa.
Do I need legal aid for my asylum or refugee case?
Yes, applying for asylum or refugee status involves detailed documentation, strict timelines, and legal complexities. Access to legal aid or experienced legal representation can significantly improve the chances of success. At Henry & Grogan, we provide dedicated legal services for individuals seeking immigration to the United States under humanitarian grounds and assist with every stage of the process, from the initial application to appeals and pathways to naturalization.
