Our Asylum Attorneys at Rivas & Associates in Tulsa, Oklahoma Serve Immigrant Refugees Nationwide
If you are seeking asylum in the United States, you may be unsure where to turn for help. Rivas & Associates, a trusted immigration law firm in Tulsa, Oklahoma, offers legal assistance to refugees nationwide. We provide support to asylum seekers, offering hope for those fleeing persecution and seeking safety in America. Our asylum lawyers can help you throughout the complex asylum procedures, guiding you toward a safer future in the United States.
Our asylum attorneys are committed to providing hope and support to individuals and families fleeing persecution. We guide asylum seekers through every step, from filing Form I-589 to preparing for interviews with asylum officers, and protecting our clients’ rights while presenting their cases. Our knowledge of international human rights law, U.S. immigration policies, and changing asylum regulations is invaluable in helping persecuted individuals find safety and build new lives in America.
We will explain the asylum application process and eligibility criteria, guiding you to comply with deadlines and fulfill the necessary documentation. Our attorneys offer services in Spanish nationwide and are well-versed in the complexities of immigration law.
Schedule a confidential consultation with Rivas & Associates today by calling (844) 37-RIVAS(844) 37-RIVAS or filling out our online form. The majority of our legal team consists of immigrants and first-generation Americans. We understand your concerns, and we are here to help you. Hablamos español.
Key Takeaways
- Rivas & Associates offers nationwide asylum assistance to immigrants fleeing persecution
- The asylum process involves filing Form I-589, background checks, and an interview with an asylum officer or court appearances before an immigration judge
- Asylum applications must be filed within one year of entering the United States
- A refugee immigration lawyer can significantly improve the chances of a successful asylum application
- Rivas & Associates provides confidential consultations to guide clients through the complex process of seeking asylum in the United States
Persecuted Classes that may be Eligible for Asylum in the United States
The United States offers asylum to individuals who have faced persecution or have a well-founded fear of persecution based on specific grounds. These grounds, as defined by the Convention Relating to the Status of Refugees, include:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Individuals who have experienced persecution based on their sexual orientation or gender identity may also be eligible for asylum. The U.S. recognizes these groups as potential beneficiaries of asylum protection, acknowledging the unique challenges they face in many parts of the world. We can address these LGBTQ issues involving gay, lesbian, or transgender concerns as they relate to your asylum application during a confidential consultation.
Victims of violence and persecution in their home countries may seek asylum in the United States. This right of asylum is in the spirit of the UN Declaration of Human Rights (UDHR) and international law, and it extends to those who have suffered or fear suffering due to their protected characteristics, providing a path to safety and protection. At Rivas & associates, our persecuted refugee and political asylum lawyers can help those who have faced persecution due to their political opinions.
In some cases, asylum seekers who have been denied protection in other countries may seek third country resettlement in the United States. This option provides hope for those who have been unable to find safety elsewhere, offering a chance for a new beginning in America.
Depending on the details of your situation and the abuse or dangers you seek to escape, you may be eligible to pursue various options for U Visa, T Visa, or VAWA (Violence Against Women Act) applications. Our experienced legal advocates are here to guide you.
The United States Department of State works with Health and Human Services (HHS) to provide refugees and asylees with supportive services. After one year, asylees can apply for a green card (lawful permanent residence, or LPR), and they may pursue naturalization and citizenship after five years of lawful permanent residence. Our attorneys at Rivas & Associates can review your options to pursue right of asylum and the path toward a green card and citizenship during your confidential consultation.
The Affirmative Process to Apply for Asylum
The affirmative asylum application process involves several key steps, including filing Form I-589, undergoing fingerprinting and background checks, interviewing with an asylum officer, and awaiting a decision. This process, guided by asylum refugee law and overseen by the Executive Office for Immigration Review, aims to protect individuals from deportation while adhering to protocols set by the United Nations High Commissioner for Refugees.
What Steps Does the Affirmative Asylum Process Involve?
The asylum process is a complex and rigorous system that individuals seeking refuge in a foreign country must complete in order to qualify for legal protection and asylum status. The process typically involves a series of steps that require careful attention to detail and adherence to strict guidelines.
Application for Asylum
Initially, an individual must submit an application for asylum to U.S. Citizenship and Immigration Services (USCIS). This application typically includes detailed information about the individual’s personal circumstances, reasons for seeking asylum, and any supporting documentation or evidence to substantiate their claim.
Asylum Interview
Following the submission of the application, you will be required to attend an asylum interview where they will have the opportunity to present your case and provide further information to support their claim.
Additional Interviews and Proceedings Vary by Asylum Application Case Details
Throughout the asylum process, you may be required to attend multiple interviews to assess the validity of your claim and determine their eligibility for asylum status.
To increase your chances of a successful application, you must be prepared, truthful, and forthcoming during these interactions. The process can be lengthy and challenging, but our experienced asylum lawyers at Rivas & Associates are here to guide you with a strong understanding of the asylum system.
The Defensive Process to Apply for Asylum
If the asylum officer does not approve your asylum application or if you are in removal proceedings, you must present your asylum case defensively before an immigration judge in immigration court.
If Your Asylum Application Was Not Approved by the Asylum Officer
If U.S. Citizenship and Immigration Services (USCIS) denies an asylum application, and the applicant does not have lawful immigration status, USCIS will issue a Notice to Appear (NTA). This document summons the individual to immigration court to begin removal proceedings.
If You Are in Removal Proceedings
Similarly, if you were detained by immigration authorities or caught without valid documentation, you may also initiate your asylum claim defensively during removal proceedings.
The Master Calendar Hearing
The Master Calendar Hearing is the initial court hearing where the immigration judge reviews the basic details of the case. This hearing provides the immigration judge an opportunity to outline the procedural structure of the case. The Master Calendar Hearing serves as the preliminary hearing in immigration court, helping to set the stage for the case to move forward. During this hearing:
- You will confirm your identity and contact information.
- You will be provided an explanation of the charges accusing you of being removable, as indicated in the Notice To Appear (NTA).
- The judge will determine the Country of Removal, which is the country to which you would be removed if your asylum claim is denied. This is usually your country of origin.
- You can admit or deny the allegations listed in the NTA and concede or contest removability.
- The schedule will be determined for future hearings, such as the Individual or Merits Hearing where you would present your testimony and evidence for your asylum case. Depending on factors such as the backlog, this may occur within several months or several years.
Applicants confirm their intention to pursue asylum as a defense against removal. If you have not yet filed Form I-589 (the Application for Asylum and for Withholding of Removal), you must file it at this stage while complying with strict deadlines. Our attorneys at Rivas & Associates can guide you throughout this process. Schedule a confidential consultation to address your specific circumstances.
Form I-589
Form I-589, Application for Asylum and for Withholding of Removal, was implemented after the Refugee Act of 1980. When applying it requires you to provide detailed information about your nationality, reasons for seeking asylum, and any encounters at ports of entry.
Asylum seekers must submit Form I-589 within one year of arriving in the United States unless they qualify for an exception. The form plays a vital role in initiating the asylum process and helps determine whether an applicant may be subject to expedited removal.
Fingerprinting, Background Check, and Security Check
Asylum seekers undergo fingerprinting and background checks as part of the application process. These procedures help verify the applicant’s identity and make sure they do not pose a security risk. The checks also investigate any history of forced displacement, human rights violations, or domestic violence, which may strengthen the asylum claim based on factors like religion or persecution.
The security check is a step in the asylum process that protects both the applicant and the United States. This thorough examination includes reviewing international databases and consulting with various government agencies. The results of these checks can influence the approval status of the asylum application and potential future naturalization and citizenship processes (procesos de ciudadanía).
| Process Step | Purpose | Impact on Application |
|---|---|---|
| Fingerprinting | Identity verification | Confirms applicant’s identity |
| Background Check | Assess security risk | May strengthen or weaken claim |
| Security Check | Protect applicant and U.S. | Influences application approval/denial |
Interview with an Asylum Officer
During the interview with an asylum officer, the officer assesses the applicant’s eligibility for asylum based on their testimony and supporting evidence. The officer’s opinion carries significant weight in determining whether to approve the asylum application or defer the case to an immigration judge to decide.
An applicant’s steps in the asylum officer interview process can include:
- Preparation for the interview
- Presentation of evidence and testimony
- Evaluation of credibility and eligibility
- Decision-making process
- Potential referral to immigration court
Applicants must be prepared to discuss their fear of persecution and any crimes they may have experienced in their home country. The asylum officer’s role is to evaluate the credibility of the applicant’s claims and determine if they meet the legal criteria for asylum.
If the officer finds the applicant’s story credible and compelling, they may grant asylum. Our asylum lawyers at Rivas & Associates can guide you to prepare for this important step in the asylum process.
Decision Whether You Will Be Granted Asylum
After the asylum interview, the asylum officer determines whether to grant asylum based on the applicant’s testimony and evidence. The decision considers factors such as credibility, fear of persecution, and eligibility for permanent residency. If granted, the applicant can begin the journey toward lawful immigration to the United States.
If the affirmative asylum application is denied, the applicant will be referred to removal proceedings. The appeal process involves presenting the case before an immigration judge, who reviews the evidence and may consider additional factors, such as LGBTQ status or new information not presented in the initial interview. Our asylum seeker lawyer team at Rivas & Associates can discuss sensitive subjects and factors such as sexual orientation involving homosexuality (gay or lesbian) or transgender issues as they relate to your asylum application during a confidential consultation.
This stage, referred to as a defensive asylum application, offers another opportunity for asylum seekers to make their case for protection in the United States. Our lawyers for asylum at Rivas & Associates can help you build a sound legal strategy if your initial asylum application has been denied.
Deadlines To File for Asylum After Entering The United States
Asylum seekers must file their applications within one year of entering the United States. This deadline is key to maintaining eligibility for asylum status. Some exceptions to this rule exist for extraordinary circumstances or significant changes in conditions.
The one-year filing deadline begins on the date of the asylum seeker’s last arrival in the U.S. or April 1, 1997, whichever is later. Complying with this timeline is essential for asylum applicants to avoid missing their opportunity for protection. It is also vital to avoid the pitfalls of illegal immigration. Our immigration lawyers at Rivas & Associates can guide you to identify the appropriate path to protect your rights and pursue your goals.
Asylum seekers who miss the one-year deadline may still qualify for withholding of removal or protection under the Convention Against Torture. These alternative forms of relief have different standards of proof and do not lead to permanent residency.
An immigration judge may consider evidence of extraordinary circumstances that prevented timely filing. Such circumstances might include severe illness, legal disability, or ineffective assistance of counsel. Applicants must provide compelling reasons for any delay in filing their asylum claim. Our attorneys at Rivas & Associates can review your situation during a confidential consultation and guide your next steps:
| Exception Type | Example | Required Evidence |
|---|---|---|
| Extraordinary Circumstances | Severe Illness | Medical Records |
| Changed Conditions | Political Upheaval | Country Reports |
| Legal Disability | Mental Incapacity | Psychological Evaluation |
How Long Does it Take to File for Asylum and Hear a Decision Regarding Application Approval?
The asylum filing process typically takes several months to years to complete. Applicants must gather evidence of persecution, including documentation related to torture or violence against women (to which additional options under the Violence Against Women Act may be relevant), which can be time-consuming. Each of the following steps can take significant time:
- Preparing and submitting Form I-589
- Waiting period for a scheduled asylum interview
- Awaiting a decision following the asylum interview
After submitting Form I-589, asylum seekers usually wait several weeks to several years for their application to be processed. During this time, background checks are conducted to validate the applicant’s eligibility and assess any potential security risks, such as driving under the influence offenses.
Once the initial processing is complete, applicants are scheduled for an asylum interview. The waiting period for the asylum interview can vary greatly, from a few weeks to several years, depending on the case backlog and location. This interview is central to determining the applicant’s rights and potential for asylum, addressing the following:
- Review of persecution claims
- Assessment of credible fear
- Evaluation of supporting evidence
- Consideration of employment history
After the interview, asylum officers typically make a decision within a few weeks. However, complex cases may take longer to resolve. If approved, asylum seekers can begin the process of establishing their new lives in the United States.
How Can an Immigration Lawyer at Rivas & Associates Help Me File for Asylum in the United States?
Our immigration lawyers at Rivas & Associates guide asylum seekers through the complex process of filing for protection in the United States. Our attorneys possess in-depth knowledge of international human rights law and United States immigration policies, and we provide services nationwide in English and Spanish to our clients who are facing serious persecution and discrimination issues.
- We help asylum seekers confirm eligibility and assess whether seeking asylum is the right path during a confidential consultation.
- Our refugee lawyers assist in gathering and presenting information to support asylum claims.
- We help clients prepare for interviews with asylum officers and, if necessary, represent them in United States courts of appeals, exploring each legal avenue.
- If the U.S. application is challenged, our immigration attorneys can advise on alternative options.
- We stay updated on changing immigration policies, and we can adapt strategies accordingly to serve our clients’ interests.
Working with skilled and experienced immigration lawyers increases the chances of a successful asylum application. Our Tulsa immigration attorneys at Rivas & Associates with offices in Oklahoma City and Tulsa,Oklahoma provide valuable support to asylum seekers nationwide throughout the application process, from initial filing to potential appeals, helping refugees seek safety and stability in their new home. We can discuss your unique situation and build a legal strategy to seek asylum during a confidential consultation.
Schedule a Consultation with Rivas & Associates to Pursue Asylum in The United States
At Rivas & Associates, we offer confidential consultations to discuss your asylum goals and plan your path ahead. This private strategic legal discussion is your first step toward pursuing asylum. Our skilled asylum lawyers are ready to provide you with invaluable legal guidance to help you pursue the future you envision for yourself and your family. We help many asylum seekers throughout Latin America, and we offer services nationwide in English and Spanish for your convenience and accessibility.
During your consultation, you can discuss your specific questions and concerns regarding seeking asylum in the United States with our knowledgeable legal professionals. Our firm’s asylum attorneys conduct thorough research to develop customized strategies for each case.
Schedule a confidential consultation with Rivas & Associates today by calling (844) 37-RIVAS(844) 37-RIVAS or completing our online form. Our asylum lawyers in Tulsa, Oklahoma are available and ready to explore solutions for a wide range of immigration-related matters. We serve clients nationwide, with many originally from Mexico or from throughout Central America or South America. Hablamos español.
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