Charleston Asylum Lawyer

Assisting Clients With Asylum Matters in South Carolina

Asylum is protection granted to foreign nationals who are in the U.S. or who are arriving at the border. Certain immigration statuses allow people who have a claim on humanitarian protection to enter the U.S. Some of the most common situations that might allow this include refugees, victims of human trafficking, and victims of other crimes.

Call Maghzi Law Firm LLC today at (843) 800-2750 or contact us online to schedule a consultation with our asylum attorney in Charleston.

Eligibility Criteria for Asylum 

To qualify for refugee status, an individual must be outside of the U.S., not already resettled in a third country, and be a legitimate object of humanitarian concern. According to the United Nations definition, refugees must be able to demonstrate persecution “due to race, religion, nationality, political opinion, or membership in a particular social group.”

An asylum lawyer like Ameneh Maghzi will help outline a comprehensive understanding of your specific situation and provide the documentation and defense you need.

Asylum Application Process

The situation for asylum seekers is similar, but applies to individuals who are in the U.S. These individuals may apply for asylum if they meet the same criteria of eligibility as refugee seekers, which typically means that they are able to demonstrate persecution or a well-founded fear of persecution.

An application for asylum and withholding of removal must be filed within one year of arriving in the U.S., and an immigration lawyer in North Charleston can help with this process to make sure it is executed properly.

Common Reasons to Seek Asylum

Some common reasons include:

• Political Persecution: Individuals may be targeted for their political beliefs, involvement in opposition movements, or criticism of their home country's government. Those who face imprisonment, torture, or violence due to their political opinions may qualify for asylum. In many countries, political dissent is met with extreme retaliation, including arbitrary arrest, forced disappearance, or even execution.
• Religious Persecution: Many people face discrimination, harassment, or violence for practicing their religion or for holding beliefs that differ from the dominant religious group in their country. Asylum may be granted to those whose religious practices put them at risk of persecution, such as forced conversion, physical harm, or restrictions on worship.
• Persecution Based on Nationality: Persecution based on nationality can occur when a government or dominant group targets individuals due to their ethnic or national background. Minority groups may face systemic violence, discrimination, or exclusion, often making it impossible for them to live freely and safely in their home country.
• Persecution Due to Membership in a Particular Social Group: This category can include persecuted individuals because of their gender, sexual orientation, gender identity, or membership in a particular family or clan. Victims of human trafficking, domestic violence, or LGBTQ+ individuals who face societal discrimination and threats to their lives may be eligible for asylum under this category.
• Racial Discrimination: In some countries, certain racial groups are subjected to violence, harassment, and systemic discrimination. These individuals could be restricted access to critical resources like education, employment, and healthcare, resulting in life-threatening circumstances. If a person’s race is the basis for their persecution, they may seek asylum for protection.

Human Trafficking and Crime Victims

Another group of individuals that can seek humanitarian protection is victims of human trafficking and other crimes. Individuals who have been trafficked into the U.S. can apply for the T-Visa, which will allow them to remain in the country and help law enforcement officials investigate and prosecute human trafficking cases.

Those who were subjected to mental or physical abuse as a result of criminal activity within the U.S. may also apply for a U-Visa, which will allow them to maintain residency status for the same purpose.

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