Asylum

FREE Asylum Case Consultation1.866 INJURY 2or1.866.465.8792
Asylum Immigration Attorney Here to Help You!

Many come to the United States each year in search of a safe haven free from the persecution they face in their home countries. If you have been placed in such fear, please CALL US today for help!

We are easy to reach and you will be glad that you did.

You may reach us for an absolutely FREE and CONFIDENTIAL consultation by calling 818.222.3400 or 1.866.465.8792 or by email sent to info@WalchLaw.com or by simply clicking here

How can I qualify for asylum?

See 8 C.F.R. §208, which states that in order to qualify for asylum:

  1. An individual must be physically present in the United States.
  2. The individual must establish:
    • Past Persecution (or) a well Founded Fear of Future Persecution
    • Persecution based on the account of one of the five (5) protected grounds:
      1. Race
      2. Religion
      3. Nationality
      4. Political Opinion
      5. Membership in a Particular Social Group
Asylum qualification test:

Under 8 U.S.C. § 1101(b)(1)(B)(i) (2000); 8 U.S.C. § 1101(a)(42)(A) (2000):

An individual seeking asylum within the United States must demonstrate that she/he is a refugee, a designation that includes “any person who is outside any country of such person's nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well- founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion . . . .”

Burden of proof

The applicant has the burden of proof to establish that he or she is eligible for relief. This burden is met by demonstrating the following:

  1. The individual suffered past persecution;
    or
  2. Has a well-founded fear of future persecution.
Persecution

Courts define persecution as, “The infliction of suffering or harm, under government sanction, upon persons who differ in a way regarded as offensive (e.g., race, religion, political opinion, etc.), in a manner condemned by civilized governments.” Abdel-Masieh v. INS, 73 F.3d 579, 583-584 (5th Cir. 1996)

Well founded fear

An applicant must show a “reasonable possibility” that they will be persecuted.

A well-founded fear is established by the following:

  1. The applicant is afraid of being persecuted on the basis of a protected ground;
  2. There is a reasonable possibility such persecution will occur upon return;
  3. The applicant is unable or unwilling to avail himself of the protection of his/her government. 8 C.F.R. §208.13(b)(2)(i).

A well-founded fear can also be established if an applicant can demonstrate past persecution. The demonstration of past persecution triggers a presumption of a well-founded fear of future persecution. 8 C.F.R. §208.13(b)(1).

Once the presumption is triggered the burden of proof then shifts from the applicant to the government, which must then show either a fundamental change in circumstances or the possibility of internal relocation to overcome the presumption of future persecution. If the government successfully rebuts the presumption of future persecution, an applicant can still be granted asylum if she/he can demonstrate compelling reasons for being unwilling or unable to return arising out of the severity of the past persecution or a reasonable possibility of suffering other serious harm. 8C.F.R.§208.13(b).

Asylum formsForm – I-589, Application for Asylum and withholding of Removal

Our Asylum Immigration lawyer offers an absolutely FREE & confidential case consultation

There are many easy ways to contact us:

  • Please call us:
    • Local: 818.222.3400 (after hours please dial 1) or
    • Toll Free: 866.465.8792 (again after hours please dial 1)
  • Send us an email to info@WalchLaw.com

There is NO charge for our initial consultation – it is absolutely FREE and confidential!

We look forward to speaking with you and helping you resolve your Asylum and other Immigration legal problems.

Please contact us now – You will be glad that you did!

 
NOTICE

Our immigration web site pages were prepared when our personal injury & wrongful death law firm also provided assistance to some of our clients with immigration matters. Our law firm does not do that any longer. Our lawyers and law offices continue to concentrate in handling serious injury and wrongful death cases in Los Angeles, the San Fernando Valley, Orange, Riverside, San Bernardino, Ventura and all of California resulting from car accidents, truck accidents, motorcycle accidents, bicycle accidents, hit & run and uninsured motorist (UM) and underinsured motorist (UIM) accidents, dog bites & dog attacks, premises liability accidents including slip & fall, trip & fall and burn injury cases. Our lawyers have handled personal injury and wrongful death accident cases for over 40 years. We have successfully resolved thousands of injury accident claims over that time, with a success rate better than 95%. However, if you need any immigration help we are happy to refer you to an immigration lawyer. Meanwhile, we have left these pages on our web site with this notice to continue to try to provide some useful general information to the public. As always, the information in this web site is general information only that is not intended to provide nor should it be relied upon to provide specific advice for any specific legal matter as, among other reasons, all facts and circumstances should be considered. You are advised and encouraged to consult with an experienced attorney for specific advice about your particular personal injury, wrongful death, accident, immigration or any other legal claim, case or matter. If you ever need any help or legal advice, please call us now at 818.222.3400 or 1.866 INJURY 2 or simply click here to reach us 24/7. On injury accident cases our initial consultation still is absolutely FREE and we work on a contingency fee. That means we do not receive any fee until we win. And then the fee comes out of the recovery which means that the fee is actually paid by the insurance company and does not come out of your own pocket. If you have any questions, please let us know. We look forward to helping you.

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