Asylum and Refugees: Providing Protection for Those In Need

The United States has a long-standing tradition of offering protection to those fleeing persecution. The asylum system, while intricate, is designed to ensure that those genuinely in need find a safe haven within its borders. An asylum lawyer understands the nuances of refugee law to effectively advocate for those seeking asylum and show them how to file for asylum. 

Understanding Asylum and Refugee Status

Asylum is a form of protection available to foreign nationals already in the U.S. or those arriving at the border who meet the international law definition of a “refugee.” This definition, rooted in the United Nations 1951 Convention and 1967 Protocol, identifies a refugee as someone unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The U.S. incorporated this definition into its immigration law through the Refugee Act of 1980.

The Role of an Asylum Lawyer

In asylum and refugee law, an asylum lawyer plays an indispensable role. These legal professionals are dedicated to advocating for individuals who have fled their countries in fear of persecution, violence, or other grave threats to their well-being. The primary responsibilities of an asylum lawyer include:

• Legal Guidance: Asylum lawyers provide expert advice to refugees on their rights and the legal avenues available for seeking asylum. They help navigate the complex procedures and paperwork required for asylum applications.
• Documentation and Representation: Asylum lawyers assist refugees in preparing the necessary documentation and represent them in asylum proceedings, such as interviews and court appearances.
• Fighting for Rights: They are tireless advocates for the rights of refugees, ensuring that their claims are heard and considered fairly under refugee law.
• Knowledge of International and Domestic Laws: Asylum lawyers possess a deep understanding of both international and domestic laws related to asylum and refugee status, enabling them to effectively argue their clients' cases.
• Humanitarian Assistance: Beyond legal matters, asylum lawyers often connect refugees with essential services and support, from housing and healthcare to psychological counseling.

The Asylum Application Process 

There are three primary ways to apply for asylum in the U.S.:

• Affirmative Asylum: This is for those not in removal proceedings. They can apply through the U.S. Citizenship and Immigration Services (USCIS).
• Defensive Asylum: Those in removal proceedings can apply for asylum as a defense against removal.
• Expedited Asylum: Introduced in 2022, this process allows those taken into custody within 14 days of entering the U.S. to have their asylum claim reviewed by a USCIS asylum officer before formal removal proceedings.

Regardless of the process, asylum seekers must prove that they meet the refugee definition. This often involves providing evidence of past persecution or a well-founded fear of future persecution in their home country.

Challenges in the Asylum Process

Asylum seekers face numerous challenges. The process can be lengthy, sometimes taking years due to backlogs. As of April 1, 2022, 470,786 affirmative asylum applications were pending with USCIS. The immigration court backlog has also reached record highs, with over 1.82 million open removal cases as of June 2022.

Detention is another significant challenge. While U.S. law allows asylum seekers to remain in the country while their claim is pending, the government often detains them. Detention can negatively impact an asylum seeker's application, especially if they don't have legal representation.

The U.S. asylum system, while complex, is rooted in the nation's commitment to human rights and the protection of the vulnerable. Asylum lawyers play a crucial role in navigating the intricacies of refugee law, ensuring that those genuinely in need find refuge. It's a testament to the nation's values and its role as a global leader in human rights.

Partner with Law Offices of Malvern C. Burnett for Your Asylum Needs

Law Offices of Malvern C. Burnett, APLC, with its profound expertise and compassionate approach, stands as a beacon of hope for those seeking asylum. As a seasoned immigration attorney, well-versed in the intricacies of immigration law, we are committed to guiding you through every step of the process, ensuring that your case is handled with the utmost care and professionalism.

If you or a loved one are in need of an asylum lawyer, look no further than Law Offices of Malvern C. Burnett, APLC. We represent clients through Mississippi, Louisiana, Alabama, Tennessee, and Georgia. Our deep understanding of refugee law makes us an ideal partner in your pursuit of protection and peace. Don't navigate the complexities of asylum law alone. Trust in the expertise of Law Offices of Malvern C. Burnett, APLC, your dedicated immigration attorney in New Orleans, Ocean Springs, Laurel, and Forest Mississippi, and take the first step towards securing the protection you rightfully deserve. Contact us today and journey towards a safer future.