If you have sought refuge in Naperville, but you are unsure if you might be allowed to stay, you may feel overwhelmed and scared. Yet remaining in your former country may not have been an option because you were being punished for your race, nationality, or religious and political beliefs.
Even if you could demonstrate that you have a legitimate fear of persecution, the asylum application process may take a long time. Instead of attempting to navigate the immigration process on your own, it might be wise to hire a knowledgeable attorney. An adept Naperville asylum lawyer may be able to clearly explain the methods for gaining refuge and might be able to help with your applications.
Asylum Applications for New Arrivals to Naperville
Petitions for asylum are generally reviewed by the United States Citizenship and Immigration Service (USCIS). Officers of the service read the applications, review the supporting evidence and then decide whether to approve or deny the request for asylum.
Affirmative Asylum Applications in Naperville
In order to even be considered for affirmative asylum, an applicant must first be present in the United States. Thus, if an applicant’s petition is denied, he or she could face deportation.
A Naperville resident must submit their application for asylum within one year of his or her arrival in the United States. The first form applicants must complete and mail is Form I-589, called an Application for Asylum and Withholding of Removal. Because a denial of the petition could mean deportation, it may be prudent to seek the advice of a Naperville asylum attorney before sending the paperwork to USCIS.
After USCIS receives the Form I-589 and the supporting evidence, the adjudicator’s approach may be to first determine whether the petitioner qualifies as a refugee. The definition for a refugee has been codified by the Immigration and Nationality Act (INA) §101(a)(42)(a).
If the adjudicator deems that the applicant does not qualify as a refugee within the meaning proscribed by the INA, he or she may refer the petitioner to immigration court for possible deportation. Conversely, if the asylum officer approves the petition, he or she may schedule an interview for the refugee with USCIS. An asylum lawyer in Naperville may be a valuable advocate in preparing an aspiring applicant for immigration court or an interview.
Asylum Interview Process in Naperville
An informed asylum attorney in Naperville may be well-versed in preparing a client for an interview if the asylum seeker receives a notice for a meeting with USCIS.
During an asylum interview, USCIS officers may review the paperwork with the applicant. They may also ask the refugee to convey his or her history and the circumstances that have led him or her to believe that he or she is in imminent danger.
The meeting is an essential part of the asylum petition process because it may convince the adjudicator that the refugee has a credible fear of returning to the persecution in his or her former country.
Defensive Asylum in Naperville Immigration Court
If a refugee’s application for affirmative asylum has been denied by USCIS, he or she may be referred to immigration court for deportation proceedings. At this time, denied applicants may again raise the defense of asylum by convincing the court that they are in danger of persecution in their former country.
Additionally, even if Naperville residents have never applied to USCIS for asylum, they might still utilize the argument of defensive asylum in immigration court.
Call to Speak with a Naperville Asylum Attorney
If you have fled to Naperville from a country where you fear persecution because of your race, national origin, or beliefs, you may need legal assistance, so that you may remain in the United States.
The immigration process in Naperville could be tedious and confusing without the guidance of an attorney. Contact a Naperville asylum lawyer for help with your petitions as a refugee.