Atlanta Immigration Lawyer | Fogle Law Firm

How Lawyers Improve Chances for Asylum Seekers

Can a Charlotte immigration attorney actually increase the prospects that your asylum case can succeed? The answer is an undisputed yes.

First, statistical analysis unequivocally demonstrates that lawyers matter. A study by TRAC Immigration on asylum decisions in immigration court showed that asylum applicants with legal representation win approximately 51.5% of their cases, whereas those without representation win in only about 11% of cases.

Yet, many asylum seekers face resource constraints. Lawyers can be costly, and getting pro bono representation can be challenging. So, what makes an attorney worth it?

How a Charlotte Immigration Attorney Can Help with Your Case

When filing your papers with the United States Citizenship and Immigration Services (USCIS) for an affirmative asylum application, it’s difficult to overstate the role of an attorney. Your chances of success increase significantly when you engage a competent and experienced asylum lawyer.

A competent asylum lawyer here in Charlotte can:

  • Ensure your eligibility for asylum under the law.
  • Identify and address potential challenges.
  • Review and refine your declaration in support of your asylum application
  • Deliver all necessary documentation to the asylum office.
  • Organize your application and supporting documents in a clear and accessible format.
  • Conduct in-depth research and compile comprehensive country reports to bolster your asylum claim.
  • Thoroughly prepare yourself, your family members, witnesses, and interpreters for a successful interview process.
  • Assist you in your asylum interview to safeguard your rights as an asylum applicant
  • Deliver a closing statement to your asylum officer that summarizes your case.
  • Submit a comprehensive written post-interview memo of law that outlines your case.
  • Provide detailed guidance after your asylum is approved and until you attain U.S. citizenship.

Without an attorney, it can be difficult to determine the significance of documents for your case, which can potentially jeopardize your application. If you’re not well-versed in immigration standards, you may encounter delays and unfavorable outcomes when you submit evidence.

How an Attorney Can Help During Your Asylum Interview

Attorney involvement in the asylum interview process is crucial. Lack of preparation can lead to application denials or transfers to immigration court. A skilled attorney attends your asylum interview after preparing you thoroughly for it. They educate you about your rights and responsibilities, available resources, and potential consequences throughout the process. Experienced lawyers show you how to provide comprehensive and detailed answers to all your interview questions to help avoid denial of your asylum.

Effective preparation for your interview at the asylum office can prevent your case from being referred to immigration court, where the proceedings are more complex and protracted. Immigration court proceedings pose a greater risk of deportation if your asylum application is denied, and the process can span years. In contrast, asylum offices typically schedule interviews within months and reach decisions within weeks after the interview.

The Case for Having an Immigration Attorney

Cases before the asylum office are generally considered non-adversarial with less stringent procedural requirements than those in immigration court. Many applicants seek to prepare their cases and attend interviews without legal help, sometimes relying on paid “translators.” Some have successfully obtained asylum. However, some red flags suggest the need for legal counsel.

Asylum applications may be denied if they’re not filed within one year of arrival in the U.S., with some exceptions. It is very important to have a Charlotte immigration attorney if you submit your asylum application while in removal proceedings before immigration court (referred to as a defensive asylum application). A proficient attorney will assess your situation thoroughly and develop a strategy to address the one-year bar effectively.

Any convictions or suspicions against you of persecuting others in your home country can lead to denial. If you have been convicted of crimes or categorized as a potential persecutor, you should engage a lawyer. This also applies to individuals who provided “material support” to terrorists, including doctors treating combatants.

Other circumstances for which you may need legal assistance include return travel to the home country, especially after persecution, and residing in a third country before arriving in the United States. To be granted asylum, you must demonstrate persecution based on race, religion, nationality, political opinion, or a particular social group. If your case does not fit neatly into these categories, legal counsel can construct a persuasive argument for eligibility.

Even in cases with no apparent issues, legal advice can be invaluable. Some issues with your case that need to be identified and resolved early may only surface upon legal review. You can potentially post a successful asylum case if you either can’t afford an attorney or opt to represent yourself. But most cases can get complex, in which case you can benefit significantly from competent legal guidance. Statistically, asylum applicants who have immigration attorneys are two to four times more likely to succeed in court compared to unrepresented applicants from the same country. 

Why is that the case? One theory posits that applicants from certain countries may have claims that align more closely with the legal criteria for asylum. Regardless, it’s evident that immigration lawyers substantially enhance the chances of success in court, provided they are competent and committed to assisting with the case.

Legal representation for asylum seekers is truly important, particularly in court cases. While it’s possible to succeed without an attorney, engaging one significantly increases the likelihood of a favorable outcome.

Contact The Fogle Law Firm, LLC

Need help preparing your asylum case? Contact the Charlotte Immigration Attorneys at The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.