Asylum lawyer in Atlanta

Asylum Lawyer In Atlanta

Atlanta Asylum Lawyers Offering Trusted Legal Protection

Are you afraid of returning to your home country because of violence and persecution? You deserve to share your story. Every year, thousands of people seek safety and the chance to rebuild their lives in Atlanta.

For decades, our Atlanta legal team has helped individuals who’ve faced danger in their home countries find a path to protection here in the United States.

Facing Danger In Your Home Country?

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Why Choose Our Asylum Attorneys In Atlanta?

Applying for asylum is one of the most challenging areas in immigration law because the process requires extensive paperwork and strong evidence—plus intimidating official hearings. The burden can feel almost unbearable.

The Atlanta asylum attorneys at Spar & Bernstein give you the legal help you need, evaluating your personal circumstances and preparing and filing your asylum application.

They will also represent you before U.S. Citizenship and Immigration Services and at Atlanta Immigration Court hearings.

But we’re not just your legal advocates. We’re trusted partners, offering care and compassion every step of this difficult journey.

Atlanta Asylum Trends & Local Challenges

Understanding The Difference Between Asylum and Refugee Status

Although both offer protection, asylum and refugee status are not the same thing.

  • Asylum status: For individuals already in the U.S. or arriving at a U.S. port of entry. You must prove past persecution or a well-founded fear of future persecution.
  • Refugee status: For individuals outside the U.S. who fear returning to their home country safely. Refugees apply abroad through the U.S. Refugee Admissions Program.

If you’re not sure which option applies to you, our Atlanta asylum attorneys will help based on your situation.

Who Can Apply For Asylum In Atlanta?

You may qualify for asylum if you have suffered persecution or have a well-founded fear of persecution because of your race, religion, nationality, membership in a particular social group, or political opinion.

Persecution can include physical harm, threats, imprisonment, sexual violence, or severe discrimination.

Your Rights As An Asylee In Atlanta

If your asylum application is approved, you’ll be able to:

  • Live and work in the U.S.
  • Apply for a Green Card one year after approval and access Green Card benefits.
  • Petition to bring your spouse and unmarried children under 21 to the U.S.
  • Access certain government assistance programs.
  • Apply for U.S. citizenship after holding a Green Card for five years.

How To Apply For Asylum In Atlanta

There are two main ways to apply for asylum status.

Affirmative Asylum

You can apply for this form of protection within one year of arriving in the U.S. provided you are not in removal proceedings.

  • Submit Form I-589, Application for Asylum and for Withholding of Removal.
  • Attend an interview at a USCIS asylum office.
  • If your application is denied, your case will be referred to immigration court.

Defensive Asylum

Already in removal proceedings? In this case, you can use your asylum application as a defense, presenting your case in front of an immigration judge at the Atlanta Immigration Court.

The judge will then decide if you’re eligible for asylum.

How Refugee Status Works In Atlanta

You can apply for refugee protection from outside the U.S. if you feel threatened you may be harmed in your home country.

The process begins with a referral to the U.S. Refugee Admissions Program, followed by an interview, background checks, and medical screening.

Once admitted, you can live and work in the U.S., apply for a Green Card after one year, and pursue U.S. citizenship after five years.

Seeking Asylum Or Refugee Protection In Atlanta?

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The Role of Strong Legal Support In Atlanta Asylum Cases

The Atlanta asylum office and Atlanta Immigration Court are known for high denial rates, which can put your case at risk if you’re not well prepared and lack proper documentation and legal arguments.

Our asylum attorneys at Spar & Bernstein will collect affidavits, reports, and expert testimony to support your case, prepare you for asylum interviews and court appearances, respond to government requests for more evidence, and fight to protect you and your family from deportation.

Atlanta Asylum Lawyer: Frequently Asked Questions

How Long Does The Asylum Process Take In Atlanta?

The asylum process in Atlanta can take years due to backlogs at both the Atlanta asylum Office and the Atlanta immigration court. Some affirmative cases are decided within a year, while defensive asylum cases can stretch for several years. This situation can be extremely stressful, even without delays. A knowledgeable lawyer can help you clear each hurdle without having to guess about what comes next.

Can I Work While My Asylum Case Is Pending In Atlanta?

If your asylum application has been pending for at least 150 days and you don’t have a decision within 180 days, you may apply for a work permit by filing Form I-765, Application for Employment Authorization. This will give you the right to work, supporting yourself and your family during the asylum process.

What Evidence Can I Use To Support My Asylum Case In Atlanta?

The strength of your evidence can make or break your asylum case. Use medical records, witness statements, country condition reports, or personal affidavits describing your experience. You can also present news articles, photos, or documents showing persecution. Our asylum lawyers in Atlanta will help you collect and organize evidence in the best possible way.

Can My Family Join Me If I Am Granted Asylum In Atlanta?

If you receive asylum status, your spouse and unmarried children under 21 may be eligible to join you in the United States through a derivative asylum application.

What If I Miss The One-Year Filing Deadline For Asylum In Atlanta?

Missing the one-year filing deadline does not automatically mean you must leave the United States. However, it limits your ability to apply for asylum. In some situations, you’ll still be able to file for asylum if you can prove changed country conditions or extraordinary circumstances. Even if you’re not eligible for asylum, an experienced lawyer in Atlanta can help you explore other options for relief.

Is It Safe to Travel Abroad While Waiting For My Asylum Decision?

Traveling abroad while your asylum case is pending can be risky. If you must do it, make sure you get prior permission, known as Advance Parole. Note that even with this document, if you’re traveling back to the country where you claim fear of persecution, this may harm your case. Talk to an Atlanta asylum lawyer to discuss safe travel options.

What Is A Credible Fear Interview In Atlanta?

If you are detained by immigration authorities and express fear of returning to your country, you may be scheduled for a “credible fear interview” with an asylum officer. This interview is intended to discover if your fear of persecution is grounded. If you pass the interview, you can continue your asylum case before an immigration judge.  

Can I Be Detained In Atlanta While My Asylum Case Is Pending?

Yes, there are cases of asylum seekers being detained at facilities in Georgia while their cases are pending. Being detained can be frightening, and we’re well aware of the way you might feel. Call us as soon as possible. We’ll fight for your release through bond hearings and ensure the court gets a detailed presentation of your situation. 

What Happens If My Asylum Case Is Denied In Atlanta?

If your asylum application is denied, you may appeal the decision within 30 days or file a motion to reopen. Work with trusted Atlanta asylum lawyers who’ll review denial notices carefully, prepare appeals, and explore alternative forms of relief. 

Can I Apply For A Green Card After Receiving Asylum Status In Atlanta?

Yes, one year after you get asylum, you can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This process is known as adjustment of status and it is an important step toward more stability and possible U.S. citizenship.

How Does Atlanta Compare To Other Cities For Asylum Cases?

The Atlanta Immigration Court is considered one of the most difficult courts for asylum seekers. The historically high denial rate of about 97% makes professional representation essential so you can increase your chances of success.

Why Should I Hire An Asylum Lawyer In Atlanta?

Asylum law is complex, and even the smallest mistake can lead to denial of your case. An asylum lawyer in Atlanta will help you prepare the required forms, collect evidence, and present your story in the context of U.S. asylum law. Having legal representation increases your chances of approval and relieves stress during court appearances and interviews.

Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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