WHAT CAN WE DO FOR YOU?

Asylum

Deportation or removal represents one of the most critical and challenging situations any non-U.S. citizen can face. This procedure involves the formal expulsion of non-U.S. citizens from the United States due to breaches of immigration laws. These violations can range from unlawful presence, engagement in criminal activities, and violation of immigration status to fraudulent activities. Navigating the complexity of deportation proceedings can be overwhelming, but at Babila Law, we stand by your side, offering expert defense and seeking viable solutions to help you remain in the U.S. legally.

https://babilalaw.com/wp-content/uploads/2024/04/waiver-1.png
https://babilalaw.com/wp-content/uploads/2022/05/floating_image_07.png

Our dedicated team at Babila Law understands the gravity of deportation proceedings and the significant impact they can have on your life and the lives of your loved ones. With a profound knowledge of the complexities of immigration law and an unwavering commitment to safeguarding your rights, we offer comprehensive support and expert defense to those facing removal.

Our approach to each case is tailored, focusing on the unique circumstances that each client presents. We thoroughly examine the grounds for deportation and employ a range of legal strategies to challenge the validity of the charges. Where possible, we advocate for relief measures that can halt or cancel the removal process, such as asylum, cancellation of removal, adjustment of status, or waivers for certain violations.

Asylum: A Journey Towards Safety, Guided by Shared Experiences
In the face of persecution and fear in your home country, seeking asylum in the United States can provide refuge and a promising start to a new life. The process of applying for asylum—founded on fears of persecution due to one’s race, religion, nationality, political opinion, or membership in a particular social group—can be complex. But you don’t have to navigate this labyrinth alone. At Babila Law, we’re here to guide you every step of the way.

What sets Babila Law apart is that our team comprises not just experienced legal professionals but also individuals who have been through the asylum process themselves. As such, we have a profound, personal understanding of the intricacies and emotional strains that the asylum journey can entail. This unique perspective allows us to approach every case with unparalleled empathy and insight, enabling us to provide you with the most comprehensive and compassionate support possible.
Our commitment is to guide you through every step of the asylum process, from the initial application to the final decision. With the legal expertise to navigate complex legal procedures and the personal experience to understand and address your concerns, our team is perfectly equipped to help you build a compelling case. We’ll make sure that your story is told with clarity and thoroughness, emphasizing every essential detail that proves your claim.
By embodying our slogan, “For Immigrants by Immigrants,” we at Babila Law aim to be more than just legal professionals. We strive to be your allies, your advocates, and your partners in this journey. We firmly believe that everyone has the right to live in safety and without fear, and we’re here to help make that a reality for you.

Whether you’re considering applying for asylum or are already in the process, our team at Babila Law is ready to stand by your side. We’re committed to helping you secure a safer, brighter future in the United States. Please reach out to us to discuss your situation and find out how we can assist you on your path toward asylum.

Cancellation of Removal:
For those facing removal proceedings from the United States, the Cancellation of Removal provides a crucial lifeline. Most commonly, this relief is sought by undocumented immigrants at high risk of deportation. The Cancellation of Removal is derived from the previous form of relief known as “suspension of deportation,” which was active until 1997.

Cancellation of Removal can only be requested during an ongoing deportation case before the Immigration Court or an Immigration Judge. Both lawful permanent residents and non-residents are eligible to request this relief.
Deportation orders are issued to individuals who are not US citizens. Even Permanent residents (Green Card holders) can face deportation.

Individuals who have completed the process to obtain American citizenship are exempt from deportation.

https://babilalaw.com/wp-content/uploads/2022/05/floating_image_07.png

Frequently asked questions

What is asylum?

Asylum is a form of international protection given to foreigners who have fled their own country due to fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. It allows them to stay in the host country instead of being returned to a place where they fear persecution.

How do I apply for asylum in the U.S., and where should I file my application?

In the U.S., you can apply for asylum in two primary ways: through the United States Citizenship and Immigration Services (USCIS) by filing Form I-589, or, in certain situations, directly with the immigration court if you are in removal proceedings. Where you file your application depends on your current status at the time of filing. The process can vary significantly if you are already involved in removal proceedings or if there are other complicating factors. Given these complexities, it is highly advisable to consult with an immigration attorney to determine the most appropriate and strategic way to file your asylum application.

Can I work while my asylum application is being processed?

In the U.S., asylum seekers are generally not allowed to work immediately after submitting their asylum application. You can apply for a work permit (Employment Authorization Document, or EAD) if 150 days have passed since the filing of your complete asylum application, and no decision has been made on your case.

What is the difference between a refugee and an asylum seeker?

A refugee is someone who has been recognized as needing protection while outside their home country, often resettled in a third country through the United Nations Refugee Agency (UNHCR). An asylum seeker is someone seeking protection as a refugee in another country but has not yet been officially recognized as a refugee.

Can an asylum applicant work in the U.S. while awaiting a decision on their case?

A refugee is someone who has been recognized as needing protection while outside their home country, often resettled in a third country through the United Nations Refugee Agency (UNHCR). An asylum seeker is someone seeking protection as a refugee in another country but has not yet been officially recognized as a refugee.

How long does the asylum application process take in the U.S.?

The duration of the asylum application process in the U.S. can vary significantly. For affirmative asylum applications filed with USCIS, the process can be lengthy, sometimes taking several years, with some applications pending since 2015. Conversely, applicants who recently entered through the southern border and are placed into removal proceedings tend to have their applications processed more quickly, due to their cases being a current priority for deportation.

Can my family members also receive asylum after mine is granted in the U.S.?

In the U.S., once you are granted asylum, only your spouse and children who were under 21 years of age at the time of filing the asylum application may be eligible to join you through the follow-to-join process. Parents, brothers, and sisters cannot immigrate to the U.S. based on your grant of asylum. It’s crucial to accurately list eligible family members in your initial application to ensure they can join you through the proper legal channels after your asylum grant and their follow-to-join petition is approved.

What if my asylum application is denied?

If your asylum application is denied in the U.S., you have the right to appeal the decision within a specific timeframe. The appeals process and time frames vary. Consulting with an immigration lawyer is advisable to explore your options and prepare for an appeal.

Are there any organizations that can help me with my asylum application?

Yes, numerous NGOs, legal aid organizations, and resources like the UNHCR are available to assist asylum seekers in the U.S. with legal advice, application support, and sometimes representation. Additionally, at Babila Law, LLC, we strive to assist clients who cannot afford our services on a case-by-case basis, ensuring that financial constraints do not prevent you from accessing the legal help you need.

Can I travel back to my home country if I have been granted asylum or if I am a derivative of an asylum application?

Traveling back to your home country after being granted asylum or as a derivative of an asylum application can jeopardize your status in the U.S. It suggests to U.S. authorities that you no longer fear persecution, potentially leading to the revocation of your asylum or derivative asylum status. It’s critical to consult with an immigration lawyer before making any travel plans that could impact your status.

When can I apply for permanent residency and citizenship after being granted asylum in the U.S.?

As an asylee, you are eligible to apply for a Green Card (permanent residency) after one year of physical presence in the United States following the grant of your asylum status. Subsequently, as a permanent resident, you can apply for U.S. citizenship after five years of residency. These steps are crucial milestones in securing your stay and establishing your new life in the U.S., and we recommend consulting with an immigration attorney to navigate this process smoothly.

Do I need an attorney to apply for asylum in the U.S.?

No, you do not require an attorney to apply for asylum. However, having an attorney can significantly impact the outcome of your case. Navigating the U.S. immigration system can feel like walking in the dark due to its complexity and the high stakes involved. An experienced immigration attorney can illuminate the pathway, helping you understand the process, avoid common pitfalls, and present your case in the best possible light. I was inspired to become an immigration attorney after experiencing firsthand how cumbersome the immigration process can be. My goal is to make the journey smoother for others, ensuring they have the support and guidance necessary to navigate this challenging process.

WE CAN HELP YOU

How can Babila Law assist?

The prospect of deportation can be an overwhelming experience. At Babila Law, we understand how stressful and daunting this can be, which is why we are committed to providing you with the legal support and guidance needed to navigate these challenges effectively.