Nashville Immigration Asylum Attorneys
Every year thousands of individuals arrive at the United States border seeking asylum. Asylum seekers fleeing persecution from abroad have the right to file an application to grant them lawful status in the United States. However, this is a complex process that typically can involve multiple government agencies. Having an attorney assist you in this process will improve your chances of success.
Filing an Application for Asylum
The law office of Saenz & Maniatis, PLLC, in Nashville, Tennessee, helps clients throughout the United States file applications for asylum. Whether you presented yourself at the U.S. border seeking asylum, or are filing for asylum in immigration court, our attorneys are experienced in providing the best legal research, writing, and advocacy for our clients seeking refuge in the United States.
What is Asylum?
The Immigration and Nationality Act (“INA”) states that the U.S. Attorney General, in his or her discretion, may grant asylum to any individual qualifying as a “refugee” within the meaning of the INA. This definition includes the requirement that the asylum applicant demonstrate he or she is unwilling or unable to return to their home country because of past persecution or a well-founded fear of future persecution on account of one of the protected grounds: (1) Race; (2) Religion; (3) Nationality; (4) Political Opinion; or (5) Membership in a Particular Social Group. The process for filing an asylum application is different depending on your circumstances.
Filing an Application for Asylum
- 1-Year Deadline: There is a 1-year statute of limitations on filing an asylum application that begins once you enter the United States. With some minor exceptions, including late-filed applications by minors, any application filed after this period will be denied.
- Applying for Asylum at the Border: Individuals arriving at the U.S. border can seek assistance at a port-of-entry. They will receive an initial screening by U.S. Customs and Border Protection officials who will ask whether the person has a fear of returning to their home country. For those who say yes, they will be scheduled for what is called a “Credible Fear Interview” with an officer. Those who can establish a credible fear will be allowed to file an asylum application with U.S. Citizenship and Immigration Services (“USCIS”).
- Affirmative Asylum with USCIS: After passing the credible fear interview, individuals will be allowed to file Form I-589 with USCIS. They will need to include sufficient corroboration and supporting documentation with their application. Applicants are allowed to have counsel assist them with the process and prepare them for their eventual asylum interview by a USCIS officer. Due to the difficulty in obtaining information from abroad, and the legal difficulties for many asylum cases, obtaining competent representation drastically improves the chances of success.
- Asylum in Immigration Court: If your asylum application is denied by USCIS, an Immigration Judge will review your case. Our attorneys are experienced in handling asylum trials in immigration court and can provide the preparation necessary to achieve a winning case. Other potential options can also be explored to preserve or provide lawful status in the United States.
If your asylum application is approved you will be granted “Asylee” status. After being physically present in the United States for at least 1 year after being granted asylum, an individual can apply for lawful permanent residency.
Filing Asylum for Relatives
Asylum applicants can include their spouse and children on their asylum application. If the application is granted then the family members also receive asylee status.
Dedicated To Your Success
The firm’s founding attorneys, Vanessa Saenz and Matt Maniatis, are dedicated to their clients’ success. They understand immigration laws and procedures, and how to navigate the confusing U.S. immigration system. Saenz & Maniatis, PLLC, will work hard to complete the necessary paperwork accurately and completely, meet filing deadlines, and complete every step as quickly as possible. The attorneys and staff at the firm are open and honest, communicate promptly, and keep clients apprised of all important developments in their cases in a timely manner.
Saenz & Maniatis, PLLC, follows direction from clients, and encourages clients to speak openly and honestly about their circumstances and histories to better help them obtain immigration relief.
Contact Saenz & Maniatis, PLLC
The firm’s goal is the same as yours – to bring your loved one to the U.S. so you can live together permanently. For more information, contact a Nashville marriage visa lawyers online or by calling 615-366-1211 or 615-366-1611.