Asylum
Ogden, Utah’s Local Asylum Lawyers
At Richards & Richards Law Firm, we understand that seeking asylum in the United States is not just a legal process. It’s a matter of survival for many individuals fleeing persecution. Based in Ogden, Utah, our experienced asylum lawyers are well-versed in both Utah state and federal law, offering expert guidance to those navigating the complexities of the asylum application process. Our team will guide you through the key aspects of asylum law, from qualifying criteria to the steps involved in securing legal protection and work authorization in the U.S.
What Is an Asylum Seeker?
An asylum seeker is someone who has fled their home country due to a well-founded fear of persecution. Unlike refugees, who apply for protection before arriving in the United States, asylum seekers file their claims while already present on U.S. soil or at a port of entry. These individuals are seeking refuge from targeted harm based on race, religion, nationality, political opinion, or membership in a particular social group. If you fear returning to your home country for these reasons, you may qualify for asylum protection under U.S. law.
What Qualifies as Persecution?
For an asylum claim to be successful, the harm you fear or have experienced must constitute persecution. It’s important to note that persecution must come from either a government entity or groups the government cannot or will not control, such as extremist organizations or guerrilla forces. Our asylum lawyers will help you collect the necessary evidence to prove your case, including documentation and witness testimony. This goes beyond general harassment or discrimination. It refers to severe mistreatment such as:
- Threats of violence or death
- Torture (physical or mental)
- Unlawful imprisonment
- Denial of basic human rights, such as access to food, housing, or education
How Do You Apply for Asylum?
The asylum application process involves several critical steps, including the timely filing of Form I-589 (“Application for Asylum and for Withholding of Removal”). Our immigration attorneys can help you ensure that the process is as smooth as possible. Here’s how it works:
- File Form I-589 within one year of arriving in the U.S. (unless you qualify for exceptions due to extraordinary circumstances)
- Attend a biometrics appointment for fingerprinting and identity verification
- Provide supporting evidence, such as country condition reports, affidavits, and documentation of past persecution
- Attend an asylum interview with a USCIS officer, where you’ll present your case and answer additional questions
What is “Necessary Persecution” for Asylum?
To qualify for asylum, applicants must demonstrate a “well-founded fear” of persecution. This fear must meet specific legal requirements, including a clear connection, or “nexus,” between the persecution and one of the five protected grounds (race, religion, nationality, political opinion, or social group). Your fear must be credible, and our team will work meticulously to ensure we build a compelling case to support your claim.
Eligibility for Asylum
While asylum provides a pathway to safety, not everyone qualifies. Certain factors can make individuals ineligible, including criminal convictions, missed filing deadlines, or previous asylum applications denied by an immigration judge. That said, there are exceptions, such as changes in your home country’s conditions, that may allow you to reapply. An experienced asylum lawyer can analyze your situation to determine whether you meet the eligibility criteria and craft a solid strategy for your application.
Can Asylum Seekers Work?
Yes! Once your application is pending for 150 days, you can apply for an Employment Authorization Document (EAD) by filing Form I-765. This document serves as proof of your eligibility to seek employment while your asylum case is being processed. Having the ability to work allows asylum seekers to support themselves and their families during this challenging time.
Do You Need to Talk to an Immigration Lawyer About Asylum?
While it’s possible to file an asylum application on your own, having experienced legal counsel significantly increases your chances of success. An immigration lawyer can help you gather the necessary evidence, prepare for your interview, and address any potential legal challenges. At Richards & Richards Law Firm, our asylum and refugee lawyers have been advocating for asylum seekers for more than 35 years. We’re committed to providing compassionate and professional guidance every step of the way.
Gaining Legal Permanent Resident Status
There is a path to permanent residence for asylum seekers. After one year of being granted asylum, you’re eligible to apply for permanent residency (green card) by filing Form I-485. This adjustment of status allows you to settle in the U.S. with long-term security. Once you’ve been a green card holder for five years, you may also apply for U.S. citizenship. Our firm will assist you in transitioning from asylee status to permanent residency, ensuring every detail of your application meets the requirements of U.S. immigration law.
Schedule a Consultation With an Asylum Lawyer Now!
Seeking asylum is a life-changing decision. Partnering with a skilled asylum lawyer ensures you have the best chance of success, whether you’re applying for protection, work authorization, or permanent residency. At Richards & Richards Law Firm in Ogden, Utah, we treat every case with the care and expertise it deserves. Contact us now to schedule a consultation with an asylum lawyer.