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Asylum Protecting Your Interests in Immigration Issues

Irvine Asylum Attorney

Your Trusted Partner in Asylum Cases in Irvine

At Yekrangi & Associates, every asylum case is approached with the utmost dedication and care. Our immigration team understands the depth of personal, emotional, and legal challenges you face. We are here to provide unwavering support throughout your journey, ensuring that you not only understand the process but also feel confident in the path forward.

Helping Immigrants in Irvine with Asylum & Refugee Status

Do you need to apply for asylum? Consider having an Orange County asylum attorney by your side. A 2011 report on representation in New York and New Jersey showed that an individual was five times more likely to win relief with a lawyer than without. Another study identified counsel as the single biggest factor affecting the outcome of an asylum case.

When facing the complexity of U.S. immigration laws, having a trusted advocate can make all the difference. Our experienced team understands the nuances of asylum applications and works tirelessly to build a robust case for you. By focusing on each individual's unique circumstances, we deliver tailor-made solutions that align with the latest legal strategies and regulations.

If you are being persecuted in your home country, do not hesitate to contact Yekrangi & Associates. Our asylum attorneys in Irvine have served clients throughout Orange County and have years of experience in immigration law. We are ready to provide effective legal advocacy and guide you throughout the process. Reach out to us today. 

Contact us online or call (949) 478-4963 to speak with an Irvine asylum attorney. Yekrangi & Associates offers services in English, Spanish, Farsi, and Mandarin.

What Is Asylum?

Asylum is an immigration status that can be claimed by foreign nationals currently residing in the U.S. who are fearful of persecution in their country of origin and wish to remain here in the U.S. Once you have obtained asylum status, you will be allowed to remain in the United States indefinitely.

Obtaining asylum not only allows you to live safely but also opens pathways for lawful employment, enabling asylees to contribute positively to society. It's crucial to understand the specific legal criteria and processes involved, which is where our skilled attorneys can provide invaluable assistance. We ensure that all documentation is meticulously prepared, increasing your chances of a favorable outcome.

Difference Between Asylum & Refugee Status

Generally speaking, asylum status applies to those who are already present here in the U.S and are not already either permanent residents or citizens. Refugee status is usually granted to individuals outside the U.S. who are fleeing dangerous conditions in their country of origin and are applying for U.S. entry through a United States Embassy or the UN Refugee Agency (UNHCR).

Both pathways aim to protect individuals from persecution but differ primarily in their application location and procedural aspects. Understanding these distinctions helps applicants determine the most appropriate form of protection, ensuring that the right processes are followed. Our firm offers guidance in both areas, providing clarity on the best approach for your situation.

Asylum and refuge protect those who have a well-founded fear of persecution in their country of origin. Many people refer to asylum as "political asylum," although asylum is not solely granted for political reasons.

To apply for asylum while inside the United States, contact an experienced Orange County asylum attorney. The process requires proof of your well-founded fear and an attorney can guide you through this complex process. Once granted, asylees are given permission to work and may apply for a green card.

What Does “Membership in a Particular Social Group” Mean?

An applicant for asylum or withholding of removal seeking relief based on “membership in a particular social group” must establish that the group is each of the following:

  • Composed of members who share a common immutable characteristic
  • Defined with particularity
  • Socially distinct within the society in question.

Recognized "social groups" include gays and lesbians, families, women facing domestic violence or inability to practice fundamental rights, women facing female genital mutilation (FGM), clans, tribes, and others.

How to Obtain Asylum in the United States

The USCIS has three different ways of obtaining asylum:

  • Affirmative asylum
  • Asylum Merits Interview after a positive credible fear determination
  • Defensive asylum

The unique circumstances of your situation will determine which type of asylum proceeding you may go through. Affirmative asylum is typically available to individuals not yet in removal proceedings, while defensive asylum is reserved for those in such proceedings. Understanding the nuances of each type helps in the preparation of a strong case, aligning with your specific needs and USCIS requirements. Find out which type of asylum process is right for you by contacting Yekrangi & Associates today and scheduling a consultation with an experienced asylum attorney in Irvine!

Eligibility Requirements for Asylum

The eligibility requirements for asylum in the U.S. are:

  1. You are unable to return to your country of origin because you have a well-founded fear of either past or future persecution; and that
  2. Your persecution is on account of your race, religion, nationality, membership in a particular social group, or your political opinion. These five grounds can be further broken down into sub-groups, such as sexual orientation, gender, and other minority groups.

Persecution can involve torture, rape, imprisonment, marginalization, and even death --among many other situations. These severe conditions necessitate a judicious analysis of evidence and circumstances, crafted expertly by seasoned legal professionals. If you or your family have fled from persecution or are at risk of suffering persecution upon returning to your home country, you should seek the help of an experienced asylum lawyer in Orange County!

Get help from a trusted asylum attorney. Call (949) 478-4963 or contact us online for expert guidance on securing your future.

When to Apply for Asylum

Any immigrant in the United States, regardless of status, may apply for asylum so long as the request is timely. If you are a non-citizen already in the U.S., you have up to one year to apply for asylum to the USCIS.

If you are at a U.S. border or entry point, you can either:

  • A. Enter the country with a valid visa and wait to apply for asylum,
  • B. Tell border officials that you are seeking asylum immediately and submit to the asylum petitioning process.

Note that claiming asylum at a U.S. port of entry will likely subject you to immigration detention while your case is pending, although some are granted bond or paroled while their case is processed.

If you are already in the U.S. and you wait more than a year, it is critical that you speak to an Orange County asylum attorney right away. They can help you approach the USCIS and possibly still gain asylum status. The law allows for exceptions to the one-year rule, most notably due to "changed circumstances." Properly documenting these exceptions with supporting evidence is crucial for maintaining your eligibility.

Your Status After Being Granted Asylum

If you are granted asylum, you will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you can remain indefinitely in the United States as an asylee.

This grants you the legal right to reside in the U.S., seek employment, and potentially pursue education opportunities. Additionally, pathways to permanent residence become available, offering a sense of stability and security in your new community. Our team supports you through the next steps, ensuring a smooth transition into your new life in America.

Benefits Upon Approval of Asylum

If your asylum is granted, you are allowed to stay in the U.S. and even take further steps to establish your and your family's lives here. Asylum status allows you to file Form I-730, Refugee/Asylee Relative Petition, which can bring your spouse and/or children to the U.S. After one year, you can also apply for a permanent residency (green card) status. Learn more about your asylum benefits by speaking with an attorney.

Beyond legal residency, asylees have access to various programs designed to assist with integration, including language classes, employment services, and legal assistance. Understanding these rights and resources can vastly improve the quality of life and accelerate successful assimilation into American society.

Need an experienced asylum attorney in Irvine? Get expert guidance for your case. Contact us online or call (949) 478-4963 to secure your future.

Applying for Citizenship or Naturalization as an Asylee

Usually, permanent residents must wait 3 or 5 years before applying for naturalization (3 years if a green card was obtained through marriage, 5 years for all other situations). For asylees, however, you must wait 4 years, because the first year following your asylum approval counts toward the 5-year requirement.

Navigating the path to citizenship involves detailed paperwork and compliance with U.S. laws, which our legal team ensures is handled proficiently. Knowing when and how to transition from asylee to citizen helps you plan your long-term future, establishing a permanent presence and connection with the American community.

Asylum Procedures

In Irvine and the broader Orange County, asylum seekers navigate a process that, while fundamentally guided by federal law, includes unique local considerations. Understanding the interplay between local and federal procedures enhances preparedness. Asylum seekers in this region must be cognizant of the logistics involved in attending interviews, considering local office locations, and occasionally navigating larger urban centers with dedicated immigration courts.

The local community's diversity, with populations from varied backgrounds, adds to the complexity and, at times, provides empathetic understanding in cases regarding cultural nuances. Our attorneys are not only well-versed in the procedural mandates but also adept at addressing the human elements that can play significant roles in asylum cases.

Coordination with local support services, like shelters and language assistance resources, can also significantly influence the success of an asylum case. By aligning one's approach with these resources and our skilled legal guidance, asylum seekers can better traverse the intricacies of the process.

Asylum Interview Denial or Immigration Court Referral

The asylum office does not necessarily deny your case, but instead refers the matter to immigration court. Unfortunately, immigration courts also have backlogs, so a final resolution of your case may be years away--even longer if appealed. It is crucial to hire an immigration attorney who is experienced with immigration laws and procedures of the immigration court. Sometimes these attorneys are referred to as deportation defense lawyers or removal attorneys.

Our legal team's strategic approach includes preparing a robust defense, leveraging your case's strengths, and ensuring you're well-represented in court. We communicate regularly, keeping you informed of any developments and helping manage the uncertainties that may arise during prolonged legal proceedings.

Speak with a qualified asylum lawyer in Orange County at Yekrangi & Associates to learn more about your options. Dial (949) 478-4963 or complete our form.

How to Request Asylum Without Speaking English

If you don’t speak English, you must bring an interpreter. The interpreter must be fluent in both English and the language you speak, and must be over the age of 18. Unfortunately, the U.S. Citizenship and Immigration Services (USCIS) does not provide interpreters during the asylum interview. If you have an attorney, they may be able to serve as your interpreter.

Leveraging a qualified interpreter ensures that your case details are communicated accurately, minimizing misunderstandings that could affect your case. We help facilitate interpreter services for our clients, ensuring you are fully prepared and supported throughout your legal journey, irrespective of language barriers. Connect with an asylum lawyer at Yekrangi & Associates as soon as possible.

Find an Interpreter

Many clients believe they can speak English well enough for the interview. However, to ensure that the asylum officer correctly understands you, it is wise to find a competent interpreter. 

Not having an interpreter may hurt your case, and some interpreters may unknowingly hurt your case by not interpreting or translating correctly. An experienced asylum attorney usually has a list of interpreters they feel are competent to interpret during your asylum interview.

Applying for Asylum While in the U.S. Illegally

Yes, you can apply for asylum regardless of your immigration status. However, you must apply for asylum no later than a year after being in the United States. Prompt action is vital, as it preserves your eligibility and strengthens your case. A skilled asylum lawyer in Irvine from Yekrangi & Associates can help undocumented individuals understand their rights and formulate a plan to address their legal standing, increasing the probability of a successful asylum application.

Can a Minor Apply for Asylum?

Yes, a minor can apply for asylum, so long as they meet the qualifications. Whether a minor wants a separate case from their parents or has arrived in the United States without a parent or legal guardian, they can request asylum.

Navigating the asylum process as a minor requires additional considerations and protections. Our firm is adept at handling such sensitive cases with care, ensuring the minor's needs and rights are prioritized, offering a steady hand through each step of the legal process. Do not hesitate to reach out to a seasoned asylum attorney for experienced guidance.

Can I File For Asylum Due to Sex or Gender-Based Crime?

Unfortunately, being the victim of a sex-based crime does not entitle you to asylum based on your gender. In addition to the crime, you must prove that it was part of a discriminatory attitude towards your gender and that your country took no action to prevent it from recurring. Only recently has the U.S. government begun recognizing persecution based on gender, which has granted asylum to many women and young girls across the globe.

Reasons that women fear persecution based on their gender include:

  • Domestic abuse
  • Gender-discriminatory laws
  • Female genital mutilation
  • Forced marriage
  • Honor killings
  • Culturally accepted forms of violence against women
  • Denial of fundamental human rights and freedoms

Successfully arguing a gender-based asylum case involves demonstrating a nexus between gender-related harm and the criteria for asylum. Our team works diligently to substantiate these claims with compelling evidence, advocating for justice and safety for those affected. Reach out to an asylum lawyer now.

Can I Apply for Asylum Even if I Was Convicted of a Crime?

Yes, you can still apply for asylum even if you were convicted of a crime. However, depending on the severity of the crime, your asylum application can be denied. Legal representation is critical in these scenarios, as experienced attorneys can assess the implications of past convictions and construct a strategy focused on retaining your eligibility for asylum.

Applying for asylum? Call Yekrangi & Associates at (949) 478-4963 to schedule a consultation. Our Orange County asylum lawyers have years of experience in the asylum process.

Questions About the Application Process

Will I Be Required to Undergo a Background Check?

Yes, every asylum applicant will be required to take a series of background and security checks. However, you may only be required to submit Form I-589 and have your fingerprints taken. Depending on the results of your background check, you may or may not be eligible for asylum. Thorough preparation of your application can ensure your case proceeds smoothly through these stages, minimizing potential delays. Our legal team guides you on what to expect, ensuring compliance and readiness for every step of the process.

When Will My Interview Be Scheduled?

Granting asylum is a slow-moving process for the USCIS. As of mid-2016, the organization is just now getting to asylum interviews for applications that were submitted in 2011. When your interview is scheduled, it will take place at one of eight asylum offices (although asylum officers sometimes travel outside of these locations and perform interviews at USCIS offices). To determine where your interview will take place based on where you live, click here.

The unpredictability of interview scheduling necessitates a proactive approach, ensuring you are prepared at any moment for an update. Our team remains vigilant, communicating promptly about any notifications from USCIS.

Can My Asylum Interview Be Scheduled Sooner?

In certain compelling circumstances, the asylum office may expedite your interview. In addition, asylum applications filed by children are automatically expedited. Knowing the criteria and procedures for expedited processing can ease anxieties about waiting periods. Our asylum attorney from our firm can explain the protocols and assist in requesting expedited processing when applicable, ensuring that your case is handled with the urgency it deserves.

What Questions Will They Ask Me at the Interview?

Asylum interviews generally last several hours and even longer, depending on how many family members are included in the application. The interview begins with taking an oath regarding truthful testimony, and begins with reviewing your I-589 for accuracy. Then the asylum officer will go through your declaration and ask you questions regarding your asylum claim.

The interviewer will also determine whether the applicant is barred from asylum in the U.S. for any reason. It is important to consult an asylum lawyer because some bars can apply even if the applicant was trying to help someone. Generally, the questions asked are drawn from the declaration provided with your asylum application. The officer is searching for consistency and credibility.

Therefore, it is important that you spend a lot of time preparing for your interview. An effective asylum lawyer will schedule a "mock interview" and ask anticipated questions, as well as work with you to properly explain weak aspects of your case. At the end of the interview, your asylum lawyer will ask follow-up questions. Usually, these questions help clarify issues that the attorney believes the asylum officer did not understand or help "save" you from previous answers that hurt your claim. The attorney will also be able to provide a closing statement.

Preparation is paramount, as the quality of responses and their alignment with submitted evidence is critical. Our firm ensures you're thoroughly prepared to articulate your asylum story with confidence and precision.

When Will I Receive Interview Results?

After your interview, asylum officers will review your case and make a determination about your eligibility. This process can take up to two weeks following the interview, although longer periods have been known to occur as well. You will need to receive the decision in person at the USCIS office when notified that it is available.

Patience is key during this waiting period, and while timelines can vary, our team remains communicative, providing updates as they arise and maintaining engagement until the final decision is rendered.

Need to prepare for the asylum interview? Yekrangi & Associates can help. Call (949) 478-4963. Our Irvine asylum lawyers are here for you.

Can My Asylum Status Be Terminated?

Yes. Your asylee status may be terminated if you no longer have a well-founded fear of persecution. However, asylees can apply for lawful permanent resident status after being physically present in the United States for at least one year from the date that they were granted asylum. Becoming a permanent resident will allow you to remain in the United States. 

Maintaining your asylee status requires following all USCIS regulations and prompt reporting of any status changes. Our attorneys are ready to work with you to protect your standing, advising on steps towards gaining permanent residency for added security and peace of mind.

Bolstering Asylum Is Immigration Fraud

Bolstering asylum refers to when an immigrant fabricates a story, usually with tragic undertones, in order to gain asylum in the United States. Though horrors occur around the world every day, and there are certainly countless immigrants who deserve asylum for the dangers of their home country, many people continue to cheapen the truth by lying about their situations back home. This is known as asylum immigration fraud.

Due to the manufacturing of these lies, thousands of true claims go unnoticed and hold less value. Many people are encouraged to falsify these stories as a means to stay in the United States because they don’t want to go back home. This leads many judges to question the cases brought to them, though many are still unwilling to deny those who claim they are in fear.

For such reasons, it is vital to have an experienced asylum lawyer in Irvine at Yekrangi & Associates on your side to help you prove that your asylum case is valid and not immigration fraud. Our firm stands firm against such practices, dedicating itself to truthfully representing each client's story, ensuring compliance and integrity while advocating for genuine asylum seekers.

What Are My Chances of Winning Asylum in Orange County?

Every case is different. The asylum office evaluates many different factors in every case, including the applicant's background, how they entered the country, and whether or not their fear of persecution is credible. That said, having legal counsel guide you through the process greatly improves your prospects of winning asylum.

In asylum law, credibility is everything, and your asylum application must be carefully crafted to ensure there is a "nexus" or connection between the harm you face or will face and the five protected groups (race, religion, nationality, political opinion, and membership in a particular social group).

Our team excels at presenting comprehensive narratives that illustrate the unique circumstances of each case, underlining the critical connections necessary for a successful application. By aligning closely with legal standards and evidencing your claims thoroughly, we maximize your chances of achieving favorable results. Get in touch with a qualified asylum attorney in Irvine at Yekrangi & Associates now.

If you are seeking asylum, schedule a consultation with our asylum lawyers in Irvine and contact us at (949) 478-4963. We serve all of Orange County and speak English, Spanish, Farsi, and Mandarin.

Frequently Asked Questions About Asylum

What Should I Expect During My Asylum Hearing?

Your asylum hearing in Irvine will occur at the local immigration court before a specialized judge. You'll present your case with supporting evidence, answering the judge's questions to prove your fear of persecution is credible. A skilled asylum lawyer is vital for preparing your testimony, addressing legal challenges, and simulating mock trials to build confidence. With thorough preparation, you’ll approach the hearing with clarity and readiness.

How Can I Strengthen My Asylum Application?

Building a strong asylum application means providing clear evidence and a consistent narrative that meets legal criteria. Essential documentation includes proof of past persecution, threats, eyewitness accounts, or expert statements. Partnering with an asylum lawyer in Irvine ensures consistency across all materials and helps anticipate challenges. Our team personalizes each case, highlighting details that boost credibility while keeping you informed throughout the process, so you’re equipped for success.

Are There Any Local Support Networks for Asylum Seekers in Irvine?

Irvine is home to a variety of support networks that assist asylum seekers in navigating both legal and daily life challenges. Organizations within Orange County offer services ranging from legal aid to language support and community integration programs.

Local non-profits and community centers frequently provide workshops, legal clinics, and social services tailored to immigrants. These resources are vital for addressing immediate needs and fostering a sense of community.

At Yekrangi & Associates, we guide clients in connecting with these valuable local resources to enhance their support systems beyond legal counsel. Our comprehensive approach addresses the broader scope of challenges asylum seekers face, promoting not just legal success but holistic well-being and integration in their new surroundings.

For experienced guidance, turn to a skilled asylum attorney in Irvine at Yekrangi & Associates. Contact us or call (949) 478-4963 to secure a consultation.

Hear From Our Happy Clients

At Yekrangi & Associates, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "They were very professional and helpful during my journey of becoming an American."
    I am so graceful and highly recommend Mr. Yekrangi to anyone who needs a legal advice.
    - Jose L.
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    Atty. Ashkan is a great, reputable and very professional lawyer. He handled my case and my husband case without any doubt.
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    Ashkan Yekrangi is the best immigration lawyer who helped me and my family in all critical situations with his great advice.
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    First and foremost, I wanted to thank Ashkan and his team. They made the process of going through the immigration process as easy and stressful as possible.
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    When I had my interview with my whole family, we passed it because of Mr. Ashkan. I am so thankful for Yekrangi Associates.
    - Mickey M.

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