Blog Post

Legal Process Puts Asylum Seekers At Risk Of Disqualification

debbie • Feb 12, 2019
Becoming a US Citizen

The splashy headlines about the controversy at the U.S.-Mexico have shined a spotlight on the complicated legal process legitimate asylum-seekers face. The harsh conditions in Central America include persecution by corrupt, hostile government forces and widespread gang violence.

It’s no stretch of the imagination to say that drug cartels have taken over regions and threaten the very lives of decent people. Despite these and other credible fears of persecution and death, the U.S. asylum application process remains a problematic and legally technical challenge for everyday people and their families. A single misstep can result in being passed over, and that’s why it’s critical to work with an experienced asylum attorney.

Overwhelmed Asylum Process May Cause Disqualifications

The high number of hard-working migrants pursuing a better life for their families are far outpacing the ranks of asylum seekers. The swell in immigration at the southern border continues to strain the government’s ability to process applications with the best possible care and compassion. These are some critical issues that can result in a legal disqualification if an asylum application is not carefully crafted.

· Safe Third Country: One of the common ways that asylum applicants are disqualified is to pass through another country that offers reasonable safety from persecution. For example, denying an asylum offer from Mexico when traveling north from Central America may cause your application to be dismissed. There are legal exceptions to such rules a lawyer can lay out on your behalf.

· Time Limits: Unless an asylum seeker can demonstrate a defined change in circumstances, waiting more than one year can result in automatic disqualification.

· Previous Denials: Once an applicant has been denied, you face an uphill battle to be reconsidered. But showing a significant change in circumstances may reopen the door. This highlights the importance of making the best possible case the first time.

It’s also important to understand that the U.S. does not look at asylum applications as a right. The U.S. Customs and Immigration Service states that people “may” apply. The good news is that following the asylum process diligently can bring about a positive life change.

Strengthen Your Asylum Application

Any person with a credible fear of persecution can make a legal appeal to the U.S. for asylum. Applications can be made at any port of entry. Even if you are in the country illegally, an attorney can assist you with the process. Applying as soon as possible may be in your best interest because you may lose eligibility if a removal order has been issued.

Securing asylum in the U.S. can be a life-altering experience for you and your family. Applicants have a right to be represented by an attorney, and we strongly advise you to contact The Law Offices of Malvern C. Burnett APLC and schedule an asylum consultation. A single legal misstep could prove disastrous for your future.

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