Fairfax Asylum Attorneys
Proudly Helping Immigrants Flee Persecution
Asylum offers protection to individuals already in the United States who fear persecution in their home country. In order to be eligible for asylum, the persecution feared must be from the government, or persons or organizations that the government is unable or unwilling to control. Additionally, the individual must be targeted for persecution because of their race, religion, nationality, political opinion, or membership in a particular social group.
Generally, individuals must apply for asylum within one year of arriving in the United States. However, there are several exceptions to this rule, such as changing conditions in the individual’s home country or extraordinary circumstances that prevented the individual from applying for asylum earlier. An individual who is granted asylum can apply for permanent residency after one year.
Proving Eligibility for Asylum
Hiring an experienced lawyer is important if you want to succeed in your asylum case. Our law firm is dedicated to delivering personalized legal services, and we’re here to help you through every step of the legal process.
Although persecution against a person or group can take many different forms, including death threats, violence, torture, detention, or economic deprivation, asylum seekers must have a “well-founded fear” of persecution if they were to return to their country of origin in order to be eligible for asylum in the United States. Asylum seekers also have to prove the level of persecution they experienced or face to an immigration judge or officer.
Convention Against Torture (CAT)
The United Nations Convention Against Torture provides protection for individuals who fear being tortured in their home country by the government or a group associated with the government. Individuals are required to demonstrate that it is more likely than not that they will face torture upon return to their home country. Individuals can apply for relief under CAT at any time and regardless of their criminal history.
Withholding of Removal
To be granted withholding of removal, an applicant has the burden of demonstrating that it is more likely than not that they will face persecution on account of a protected ground if returned to the country of origin. An individual granted withholding of removal can seek work authorization, but cannot adjust to become a legal permanent resident and does not have the ability to petition for derivative status for immediate relatives. An individual is barred from seeking withholding removal if they are a persecutor or have been convicted of a particularly serious crime. Withholding of removal can only be granted by an immigration judge.
Although petitioning for asylum can be a complicated matter, we are here to assess the details of your case and determine whether you are eligible for asylum protection. We understand that changes made to asylum protections under the previous administration have left people with many questions about their eligibility status. We can answer your questions and help you find practical solutions.
“Brian Murray and his staff were extremely dedicated in bringing resolution to an immigration/deportation case involving my son-in-law.”- Rafael E.
“When I first met her, I knew immediately that she was experienced and knowledgeable in the area.”- Sara M.
“I think I could not have a better lawyer for my court as well as all the service they gave me.”- Juan F.