Many individuals who arrive at our borders are fleeing persecution, violence, and severe threats to their safety in their home countries, and, as a result, seek asylum here in the United States. That said, not everyone qualifies for this protection. You may qualify for asylum if you are physically present in the United States and can prove that you are unable to safely return home due to past or a well-founded fear of persecution based on specific, protected grounds. Read this blog and reach out to the seasoned asylum lawyers here at Lupton Law LLC in Lancaster County to learn whether you qualify and how our team can help you through the process.

How Do I Know if I Qualify for Asylum in Lancaster County?

To qualify for asylum in the United States, an individual must meet several key criteria, including a direct connection between the harm they fear and whether or not they meet one of the five accepted grounds. First and foremost, you must be physically present in the U.S. or at a port of entry.

This means that whether you crossed the border legally or illegally, you still have the right to apply for asylum.

Importantly, you must demonstrate that you are unable or unwilling to return to your home country due to past persecution or a well-founded fear of future persecution based on one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.

Additionally, you must file your asylum application within one year of your last arrival in the United States. There are exceptions to this rule, such as changes in country conditions or extraordinary circumstances that may justify a delay. However, these exceptions can be difficult to prove and often require substantial documentation and a convincing narrative.

Key Asylum Eligibility Requirements

  • Physical presence in the United States or at a United States port of entry
  • Inability to return to your home country
  • Proof of past or well-founded fear of persecution
  • Eligibility based on one of the five protected grounds under U.S. asylum law
  • Filing Form I-589 within one year of your arrival

Qualifying Persecution Grounds

  • Fear of harm based on your race or ethnicity
  • Religious persecution for your beliefs or practices
  • Facing threats based on your nationality
  • Fear of harm for your political beliefs or involvement
  • Membership in a particular social group, such as sexual orientation or gender identity

How Do I Apply for Asylum in Pennsylvania?

Applying for asylum in Lancaster County involves several steps and requires careful preparation. The first step is to complete and submit Form I-589, Application for Asylum and for Withholding of Removal. This form can be filed regardless of your immigration status and without a fee. Along with the form, you must provide a detailed statement explaining why you are seeking asylum, including any incidents of persecution you have faced and why you fear returning to your home country.

Supporting evidence is crucial to a successful asylum claim. This can include medical records, police reports, affidavits from witnesses, and country condition reports. The more comprehensive your evidence, the stronger your case will be. After submitting your application, you will receive a notice for an interview with an asylum officer if you are not in removal proceedings. This interview is a critical component of the process, where you will have the opportunity to present your case and answer questions about your application.

If your case is not approved at the interview stage and you are not in lawful status, it will be referred to an immigration judge. In immigration court, you will have another chance to present your case, often with the help of legal representation. The judge will consider your testimony, evidence, and any arguments made by your attorney and the government before making a decision.

Step-by-Step Aslum Process

  • Complete and file Form I-589 correctly, completely, and in English
  • Include a detailed description of your fears of persecution nd the grounds on which you are eligible
  • Submit supporting documentation
  • If scheduled, attend your biometric collection appointment
  • Attend an asylum interview with a USCIS officer
  • Present your case in immigration court if a judge referral occurs

What Information Must You Include in Form I-589

  • Personal identifying information, including date of birth and country of origin
  • Family details, including your immediate relatives
  • Immigration and residence history
  • A detailed explanation of why you are seeking asylum
  • The signature and contact information of a preparer, if one helped you with the form

What Happens After I Apply for Asylum?

After you have submitted your application for asylum in Pennsylvania, your case will proceed affirmatively or defensively, depending on whether or not you are actively involved in removal proceedings.

Potential Asylum Outcomes

  • You are approved by a USCIS officer
  • You are referred to the immigration court for further review
  • You are granted asylum by a judge
  • You are denied asylum and placed in removal proceedings
  • You are eligible for work authorization following a waiting period for eligibility

Contact an Experienced Lancaster County Immigration Attorney Today

If you have further questions or wish to speak with a seasoned immigration lawyer about your case, please don’t hesitate to contact Lupton Law LLC today. Our experienced team understands that the immigration process can be incredibly complicated, which is why we will do everything in our power to help you fight for the best possible outcome. When you need assistance, our firm is here. Contact us today to learn more.