Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Political Asylum

Finding Safe Haven in the USA

Kolken & Kolken understands what is at risk when an individual is applying for asylum, and appreciates how afraid our clients are of returning to a place where they were persecuted.

We have uncommon success preparing asylum applications both affirmatively, as well as before an Immigration Judge, and our record speaks for itself.  Although past successes do not guarantee future results we promise that we will do everything in our power to put you in the best possible position to win your asylum application.

Current asylum law requires that you must apply for asylum within one year of arriving in the United States, so it is very important to contact a competent Immigration Attorney and explain to them that you are afraid of being persecuted even if you are in the U.S. under some type of legal status.

Applications for asylum may be submitted both affirmatively with Citizenship and Immigration Services, and defensively before an Immigration Judge.  In order to obtain political asylum in the United States you must prove that you are a refugee as defined in Section 101(a)(42) of the Immigration and Nationality Act. 

You may qualify as a refugee either because you have suffered past persecution or because you have a well-founded fear of future persecution in your home country of nationality or last habitual residence because of your race, religion, nationality, membership in a particular social group, or political opinion, and that you are either unwilling or unable to return to the place that you fear persecution.

Have you been persecution at Home?

You may be considered a refugee under U.S. immigration law if it is established that you have harmed in your country of nationality or last habitual residence on account of your:

  • Race;
  • Religion;
  • Nationality;
  • Membership in a particular social group; or
  • Because of your political opinion.

You must also be either unable or unwilling to return to or avail yourself of the protection of that country where you were persecuted.

Are you afraid to go Home?

An applicant who has not been harmed in the past may also be eligible for asylum in the United States if you are able to establish that you have a well-founded fear of future persecution

You must be able to establish that there is a reasonable possibility that you will suffer persecution if you were to return to the country where you fear persecution. on account of your:

  • Race;
  • Religion;
  • Nationality;
  • Membership in a particular social group; or
  • Because of your political opinion
     

You must also be either unwilling, or unable to return to the country of where you fear persecution.

Please be aware that the granting of asylum in the United States is discretionary, and is not guaranteed merely by a showing of past persecution or a fear of future persecution.

If you fear persecution in your home country please contact our office to schedule a telephone conference to speak to one of the partners of the firm.  

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