Asheville Asylum Lawyer

Trusted Asylum Attorney in Asheville, NC

If you have fled persecution in your home country or fear returning, an Asheville asylum lawyer can help you apply for protection in the United States. The asylum application process can be complicated. It requires factual evidence and often hinges on strict deadlines and complex immigration rules.

You Need Legal Guidance

Legal guidance can help you understand your rights and present your case. Butler, Quinn & Hochman, PLLC, represents asylum seekers and advocates for their rights in the immigration system.

Hire an Asylum Lawyer

Butler, Quinn & Hochman, PLLC, has been helping clients with all types of immigration issues since 2006, as well as representing clients in personal injury, workers’ compensation, and criminal defense matters.

We are dedicated to offering knowledgeable legal advice for our clients’ unique situations and objectives. Our attorneys draw on decades of collective legal experience to help our clients navigate the intricacies of immigration law, while advocating for their rights throughout the process.

Who May Qualify for Asylum in the United States?

Asylum may be granted to those who cannot or will not return to their home country due to past persecution or a fear of future persecution. An applicant must typically demonstrate that they were persecuted because of their religion, race, political opinions, nationality, or by virtue of belonging to a particular social group.

All asylum cases are decided on their own facts, evidence, and the applicable immigration laws. An attorney can review your case and advise you on whether you may be eligible for protection.

The Asylum Application Process

The asylum process depends on your immigration status and on many factors in the case. The process generally begins by filing Form I-589, Application for Asylum and for Withholding of Removal, along with supporting documentation.

One Can Apply Through the USCIS

A person can apply affirmatively through the United States Citizenship and Immigration Services (USCIS) or apply defensively in removal proceedings before an immigration judge. As each case will have its own schedule and requirements, it is important to be prepared and follow procedural rules in the process.

Evidence That Can Support an Asylum Claim

Supporting evidence can help establish eligibility for asylum, although the type and amount of evidence required depend on the facts of each case. The evidence an applicant can provide includes personal declarations, affidavits of witnesses, medical records, police reports, photographs, news articles, and country conditions reports that show a risk of persecution in the applicant’s country.

Consistent testimony and documentation can be used to show both credibility and a well-founded claim. Obtaining and preserving evidence in a timely manner can strengthen an asylum application and assist in presenting a full picture of an applicant’s situation.

Common Challenges in Asylum Cases

The process of applying for asylum can be legally and procedurally complex. Asylum applicants must meet eligibility criteria, adhere to strict filing deadlines, and present evidence to support their claims. Gathering documentation from a country of origin can be challenging, or in some cases, dangerous.

Asylum applications that are referred to immigration court can result in proceedings in the Asheville area before the Charlotte Immigration Court, which has jurisdiction over immigration cases originating in western North Carolina. Legal counsel can assist with navigating this process and working to protect the applicant’s rights.

FAQs

Can You Ask for Asylum More Than One Year After Entering the United States?

Asylum applications usually must be submitted within one year of arriving in the United States; however, there are exceptions for certain changed or extraordinary circumstances. Whether the exception applies is a question of the particular facts of the case and the evidence presented. An experienced asylum attorney can review your case and advise you if you may still be eligible to seek asylum after the deadline.

Is There a Deadline to Request Asylum in the United States?

As a general rule, asylum seekers must submit an application for asylum within 1 year of their date of arrival in the United States (8 USC § 1158(a)(2)(B)). There are exceptions for changed or extraordinary circumstances, but in many cases, the applicant will have the burden of proof to show that he is eligible for an exception. An asylum attorney can review your case to see if the deadline applies to you.

How Many Asylum Cases Are Pending in the United States?

Asylum applications can take a long time to be processed due to the large backlog of applications. The US Department of Homeland Security Office of Inspector General reported that at the end of fiscal year 2023, US Citizenship and Immigration Services had over 1 million affirmative asylum applications pending. Processing times vary, so it is important to submit a complete, well-documented application.

How Many New Affirmative Asylum Applications Were Filed in 2024?

The volume of affirmative asylum applications in the United States has been steadily rising. In the Federal Register, US Citizenship and Immigration Services reported it received over 419,000 affirmative asylum applications in fiscal year 2024. The increasing volume of applications can cause increased processing times. Submitting an accurate asylum application with thorough documentation is more important than ever.

What Happens if Your Asylum Application Is Denied?

The next steps after an asylum denial depend on how the case was filed and the applicant’s immigration status. In some cases, the applicant may be able to present their case before an immigration judge in removal proceedings. There may also be options for appeal or other types of immigration relief if the applicant is eligible. An asylum attorney can review the denial, explain legal options, and help determine next steps.

Contact an Asheville Asylum Lawyer

Asylum applications can be legally complex and extremely fact-specific. Butler, Quinn & Hochman, PLLC, is dedicated to assisting clients seeking asylum after fleeing persecution in their home countries. We work to protect your rights, prepare the strongest asylum application possible, and help you to obtain the relief you deserve under United States immigration law. Schedule a consultation today to hire an asylum lawyer.