Understanding the USA Asylum Application Process: Should You Hire a Lawyer to Obtain Asylum in the US?
Trying to obtain asylum in the United States is not only a complicated and very often a challenging process. This is specifically true for individuals fleeing from oppression, under threat of physical violence, or in situations of civil rights abuses in their home countries. The most recent situation that makes people seek asylum is political persecution and/or uncontrolled violence in their homeland.
In all cases there are many questions, doubts and misconceptions related to the USA asylum application process. This article will try to clear up the most common doubts exposed in our office by potential clients.
Can You Apply for Asylum to the United States Without Hiring a Lawyer?
A very common questions for people interested in the asylum process is whether it’s possible to request asylum in the United States without hiring an attorney. Let’s try to focus the response to this question from a logical perspective in order to provide clearness and the right information for those people thinking about asylum in the United States.
From a legal perspective, the short answer is YES.
The law states that any person can request asylum in the United States without the need to hire a lawyer. This means that any person could in theory apply and begin the process without help or a legal representative. This is because Asylum applications can be filled and submitted directly through the U.S. Citizenship and Immigration Services (USCIS) website. Also, there are situations that even allow for any person to request asylum as a protection measure during an immigration removal proceeding.
However, the fact is that the complexity of the asylum process can make it quite difficult for most people. Especially when doing so without legal assistance. The asylum procedure can be quite tough, and the lack of experience or legal representation may negatively impact the result of the process.
Why is it Important to have Legal Representation for the Asylum Process?
As mentioned before, although it is possible to apply an asylum application without hiring a lawyer, having an experienced immigration attorney on your side during the USA asylum application process can make a considerable difference in the process. These are some of the reasons to hire a lawyer to represent you in the process:
- The Complexity of the US Asylum Process: First of all, the procedure to apply for asylum in the United States entails understanding the complexity of US immigration law. The process is full of detailed documentation demands, and complex evidentiary standards. An experienced immigration attorney has acquired the knowledge of the laws and requirements established by the immigration authorities. This means that this experienced professional can and will direct you through each step of the procedure and actions needed at each stage of the process. Making sure that when you are ready to submit your application, all required documentation has been attached and it is in conformity with all legal requirements, as well as timely submitted.
- Complex Eligibility and Requirements to Meet: Although it may seem that obtaining asylum in the USA has become more flexible, due to the large numbers of immigrant that come to the country each year. The fact remains that eligibility for asylum in the United States of America is still based on specific legal requirements. Mainly well-founded and properly evidenced human rights violations or a concern of mistreatment on account of race, faith, nationality, political point of view, or membership in a particular social group. An experienced immigration attorney can give advice depending on the specific situation and analyze the person’s probability of eligibility for asylum in the US. If applicable, can guide and assist with the gathering of necessary documentation and essential evidence to support the asylum request.
- Navigating Probable Legal Obstacles in Different Stages: The process of applying for asylum in the United States can be filled with legal barriers and non-legal issues that may come up from time to time in the different stages of the process. Among these issues are obstacles in communication, including the language barrier, lack of proper notifications of additional requirements and others. There are also procedural issues, such as, authentication or translation problems with foreign documents among many others. An knowledgeable and experienced immigration attorney can anticipate most of these issues and avoid them as well as prepare different options to address any procedural issue successfully. This increases the probabilities of a favorable result for the asylum applicant.
These are just some of the reasons why the advice and assistance of an experienced USA immigration attorney can make the difference in the USA asylum application process.