The Leading Asylum Lawyers in Atlanta
Experienced Asylum Attorneys
Quijano Law is a premier immigration law firm in the Atlanta metropolitan area. Our team of experienced asylum attorneys is dedicated to providing comprehensive legal guidance to immigrants and their family members seeking asylum relief in the United States.
Eligibility and Requirements for Asylum
To be eligible for asylum in the United States you must apply for asylum within one year of your arrival in the United States, demonstrate that you have been persecuted in the past or have a well-founded fear of future persecution based on one of the five protected grounds such as race, religion, nationality, membership in a particular social group and political opinion.
Applicants need to show that they are likely to face persecution if they return to their home country and that the government in their home country is either involved in the persecution or unable or unwilling to protect them.
Additionally, the one-year deadline for filing an asylum application after entering the U.S. is a crucial consideration. However, exceptions may apply in cases where there are significant changes in circumstances or conditions in the home country. Quijano Law carefully evaluates each client’s eligibility and guides them through the complexities of asylum law.
The Process for Requesting Asylum
There are two ways to apply for asylum in the United States: affirmatively and defensively, and our Atlanta asylum attorneys can guide you through each process.
Typically, the process starts with filing Form I-589, Application for Asylum and Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). Applicants are then interviewed by a USCIS officer to assess their claim. In some cases, an asylum case may also involve proceedings in immigration court, especially if the individual is in removal proceedings or if their initial application with USCIS is denied.
Affirmative asylum applies to you if you’ve been admitted to or entered the U.S. and have been here for less than one year and are not in removal proceedings. Defensive asylum, on the other hand, is the process of requesting asylum to prevent removal from the U.S. The removal processing will already need to be in effect in order for the application to switch from affirmative to defensive asylum.
Our Atlanta asylum lawyers can assist you with both types of applications. We can help you prepare your application, gather evidence, and represent you at your interview with the USCIS or immigration court, providing skilled legal representation throughout the entire process.
Disqualifications for Asylum
Individuals who have been convicted of certain crimes, including aggravated felonies, are generally ineligible for asylum. Seeking the assistance of an asylum lawyer can help you understand your eligibility. Additionally, individuals who pose a threat to national security or who have engaged in terrorist activities may also be disqualified.
Challenges in Obtaining Asylum
Obtaining asylum in the United States can be a challenging process. Our Atlanta asylum law firm can help you overcome the challenges you may face, such as demonstrating a well-founded fear of persecution and navigating the backlog of asylum cases in the United States. Below, we’ve outlined some of the common challenges.
- Proving the claim - Gathering sufficient evidence to prove a fear of persecution can be difficult, especially if someone fled their home country quickly and without documentation. Establishing a clear connection between the persecution and one of the protected grounds (race, religion, nationality, political opinion, or membership in a particular social group) is crucial. Quijano Law’s team works tirelessly to gather supporting evidence and prepare testimony that clearly demonstrates the applicant’s fear of returning home.
- Meeting deadlines – The asylum process has strict deadlines, such as the requirement to apply within one year of entering the U.S. Missing any of these deadlines can severely impact a case. Quijano Law ensures that all filings are made on time, minimizing the risk of losing eligibility.
- Credibility concerns – U.S. immigration officials and judges often closely scrutinize an asylum seeker’s testimony. Inconsistent statements, or even small discrepancies or misunderstandings due to language barriers, can lead to questions about credibility, which may weaken a case. Our asylum law firm prepares clients thoroughly for interviews and hearings to ensure consistency and clarity in their statements.
- Language barriers – Language barriers can be a significant hurdle in navigating the complexities of the immigration system. While courts typically provide professional interpreters for hearings, USCIS interviews often require applicants to bring their own interpreter. At Quijano Law, we understand these challenges and are committed to ensuring our clients have access to clear communication throughout their case. We connect clients with qualified and experienced interpreters for USCIS interviews and other critical appointments, facilitating accurate and effective communication with immigration officials.
- Access to documentation – It can be extremely challenging to obtain critical documents from someone’s home country, especially if the government there is involved in persecution or if it is unsafe to contact people in that country. Quijano Law helps clients identify alternative sources of evidence, such as country condition reports, witness testimonies, or expert affidavits.
- Long processing times – Asylum cases can take years to process due to backlogs in the immigration system. The uncertainty and prolonged wait times can be stressful for applicants, especially those waiting for work authorization or to reunite with family. Quijano Law actively monitors case progress and communicates with clients throughout the process.
- Navigating complex legal procedures – The asylum process involves numerous forms, hearings, and legal standards that can be overwhelming for individuals unfamiliar with U.S. immigration law. Our Atlanta asylum law firm provides clear guidance, helping clients understand each step and ensuring that legal requirements are met.
- Appeals and denials – If an asylum claim is denied, applicants may need to navigate the appeals process, which adds additional legal complexity. Quijano Law is experienced in handling appeals and works diligently to advocate for clients at every stage, including before the immigration courts and Board of Immigration Appeals.
- The emotional toll – Reliving traumatic experiences during interviews and hearings can be extremely difficult. Quijano Law understands this and provides compassionate support, helping clients feel as prepared and comfortable as possible when presenting their story.
- Changing immigration policies – Shifts in U.S. immigration law and policies can create uncertainty and affect case outcomes. Quijano Law stays up to date with the latest legal developments and adjusts strategies accordingly, providing clients with the most current and effective legal advice.
Statistics on Asylum
- In April, 2024, only 13.9% of immigrants, including unaccompanied children, had an attorney to assist them in immigration court cases when a removal order was issued (Trac)
- The immigration population hit a new record in March 2024 at 51.6 million residents, making up 15.6% of the total U.S. population (CIS)
- At the end of 2023, an estimated 117.3 million people were forcibly displaced due to persecution, violence, conflict, human rights violations, and events disturbing the public order (UNHCR)
FAQs Answered by Asylum Attorneys
How long does it take to get a decision for asylum?
The United States Citizenship and Immigration Services (USCIS) aims to make a decision on your application within 180 days. During this time, working with an asylum law firm can help guide you throughout the process, including having your fingerprints taken and attending an interview at one of the asylum offices.
What are the chances of winning an asylum case?
Each asylum case is unique, and success depends on many factors, including the strength of the evidence, the clarity and consistency of the applicant’s testimony, and the country conditions in their home nation. While no attorney can guarantee a specific outcome, working with an experienced immigration attorney at Quijano Law significantly increases a client’s chances.
The firm’s attorneys meticulously prepare each case, helping clients gather crucial evidence and present their story in the most compelling way possible. They ensure that the claim is well-documented and that the client is well-prepared for interviews or hearings.
Can minors apply for asylum themselves?
Yes, you can apply as a minor if you are under 18 and want to have your own case, separate from your family. Additionally, you can apply if you have no parent or legal guardian in the U.S. that can provide care or custody, or if you were separated from your parent or legal guardian.
Will a client’s family members be able to join them if they are granted asylum?<
Yes, if granted asylum, a client’s spouse and unmarried children under the age of 21 may be eligible to join them in the U.S. through derivative asylum. Quijano Law assists clients in filing the necessary petitions (Form I-730) within the required timeframe to ensure families can be reunited as quickly as possible.
What is persecution in an asylum case?
While U.S. law doesn't provide a strict definition of persecution, it is generally understood to occur when an individual has suffered or fears suffering harm due to their race, religion, nationality, political opinion, or membership in a particular social group. This harm can be inflicted by the government or by entities that the government is unable or unwilling to control, such as guerrilla groups, paramilitary organizations, or organized vigilantes. One of our Atlanta asylum attorneys can help provide guidance as to how these factors may play a part in your case.
Do clients need to provide evidence of persecution or fear of returning to their home country?
Yes, providing strong evidence is essential for a successful asylum case. This can include personal testimony, affidavits from witnesses, country condition reports, news articles, medical records, and other relevant documents. Quijano Law works with clients to identify and gather the most impactful evidence possible. The team understands the challenges of obtaining evidence from a client’s home country and is experienced in presenting persuasive arguments, even when direct evidence is limited. Quijano Law ensures that clients are well-prepared to present their story effectively.
Can people work while their asylum application is pending?
Yes, in most cases, asylum applicants can apply for a work permit (Employment Authorization Document or EAD) 150 days after submitting their asylum application, provided there are no delays caused by the applicant. This allows them to support themselves and their families while awaiting a decision. Our Atlanta asylum attorneys guide clients through the work permit application process, ensuring everything is filed correctly and in a timely manner.
What is my status after I am granted asylum?
You will have asylee status. You will receive an arrival and departure record and an I-94, showing you are able to remain indefinitely in the U.S. as an asylee. You’ll be authorized to work in the United States as long as you maintain this status. Lastly, you’ll be able to petition to bring your spouse and/or children to the U.S. or allow them to remain in the U.S. indefinitely incident to your status.
What does a good asylum lawyer provide?
Ultimately you want an asylum lawyer who possesses a certain set of skills and qualities that can help asylum seekers navigate the legal process. These aspects include having significant experience in asylum law, strong communication skills, a history of success, and effective interview and documentation preparation. At Quijano Law, we possess all of these qualities, and it has earned us a reputation as being among the best asylum attorneys in Atlanta.
Can I apply for asylum if I am already in the U.S.?
Yes, you can apply regardless of how you entered the United States. However, you must meet certain requirements and file your application within one year of your arrival in the U.S. To help ensure you meet these requirements, consult with our asylum law firm.
Can I apply for asylum after being in the U.S. for more than a year?
Yes, while asylum applications generally must be filed within one year of entering the U.S., there are exceptions. If someone has been in the U.S. for more than a year, it’s crucial to consult an attorney immediately to explore whether they qualify for an exception.
Exceptions may apply in cases of changed country conditions, changed personal circumstances, or extraordinary circumstances that prevented them from filing sooner. At Quijano Law, our team helps clients gather the necessary evidence to support their case and explains why missing the deadline was beyond their control, ensuring that no opportunity is overlooked to pursue the asylum claim.
What separates Quijano Law from other firms someone might be considering for an asylum case?
At Quijano Law, we take pride in offering compassionate, client-focused representation that is rooted in trust and transparency. Our firm is dedicated to delivering high-quality service, ensuring that each client receives personalized attention and thorough legal guidance throughout the asylum process. Below are the key reasons why Quijano Law stands out as the ideal choice for individuals seeking asylum.
Client-Centered Approach
- Quijano Law builds strong, trust-based attorney-client relationships founded on transparency.
- Our asylum lawyers prioritize individualized attention, ensuring clients feel heard, understood, and supported throughout the process.
- The firm develops personalized legal strategies tailored to each client’s unique circumstances, and we approach every case strategically, utilizing our years of experience to craft strong, persuasive arguments.
High-Quality, Detailed Case Handling
- Quijano Law focuses on quality over volume, providing meticulous care from the initial consultation to preparation for interviews or hearings.
- Our firm treats each case with in-depth attention, ensuring that no detail is overlooked to maximize success.
- Our team leverages extensive experience to address the unique challenges of each case, ensuring that clients receive accurate and effective legal solutions that are tailored to their individual needs.
Significant Experience in Asylum Law
- Our attorneys have a deep understanding of U.S. immigration and asylum law, ensuring clients receive the most current and effective legal advice.
- The firm has extensive experience in handling complex asylum cases, including those with difficult-to-prove claims.
- Quijano Law takes a proactive approach in addressing changes in immigration policies to ensure our clients’ cases are always positioned for success.
Bilingual Services (English and Spanish)
- Our bilingual asylum lawyers offer services in both English and Spanish, ensuring clear communication and comfort for clients who prefer speaking in Spanish.
- Quijano Law reduces misunderstandings and stress, making the legal process more accessible and collaborative for all clients.
- We provide clear, straightforward explanations of legal requirements, procedures, and next steps, so clients understand their case and can participate in their defense confidently.
Compassionate and Respectful Representation
- Our team approaches asylum cases with the seriousness and respect they deserve, recognizing the life-changing impact of these claims.
- Quijano Law treats every client with dignity and compassion, no matter the complexity of the case.
Proven Track Record in Complex Cases
- The firm has a successful history of handling challenging asylum cases, including those involving scarce evidence or complicated legal issues.
- Quijano Law is skilled at navigating both legal and procedural hurdles in asylum applications.
- We demonstrate a deep understanding of both the legal framework and specific challenges clients face, and we are known for achieving favorable outcomes, even in cases where the odds are stacked against the client, which highlights our commitment to excellence.
Holistic Legal Support
- Our team leverages a network of expert witnesses, country condition specialists, and community resources to build the strongest possible case.
- Quijano Law provides comprehensive support, ensuring every aspect of the case is meticulously prepared.
Commitment to Client Success
- The firm is dedicated to achieving the best possible outcomes for clients through legal excellence, attention to detail, and personalized care.
- Quijano Law ensures that clients feel fully informed, supported, and confident throughout their asylum process.
- Our team ensures that no detail is overlooked, allowing us to build a solid foundation for success. Plus, we develop personalized legal strategies for each client, carefully aligning our approach to the facts and nuances of their situation.
Why You Should Choose Quijano Law’s Atlanta Asylum Law Firm
Navigate U.S. asylum law with confidence with Quijano Law. Our seasoned Atlanta asylum lawyers offer unparalleled experience and a proven track record in securing successful asylum outcomes. We're dedicated to providing swift, top-tier legal representation.
Quijano Law stands out by taking a client-centered, personalized approach to each asylum case. The firm believes in empowering clients through education, making sure they fully understand their legal options and the steps involved in their case. Open communication is a priority, ensuring that clients are always informed about the progress of their application.
The firm also provides comprehensive preparation, guiding clients through the process of gathering evidence, drafting testimony, and preparing for interviews or hearings. Every case is treated uniquely, and legal strategies are tailored to the specific circumstances of each client. Choose Quijano Law, your reliable partner in your journey to U.S. asylum.
Contact Our Atlanta Asylum Lawyers Today
Asylum law is constantly evolving, and changes in U.S. immigration policy or international events can significantly impact a case. Quijano Law stays up to date on all the latest developments in asylum law and adjusts legal strategies accordingly. Our goal is to provide clients with the most current and informed legal representation, ensuring each case is handled with the highest level of care.
If you are seeking asylum in the United States, contact Quijano Law’s experienced Atlanta asylum lawyers near you today to schedule a consultation.
