Navigate the Asylum Process with Experienced Legal Support
Every year, thousands of individuals arrive in the U.S., seeking asylum to escape persecution, violence, and threats in their home countries. Asylum offers legal protection, preventing deportation and providing a path to lawful residency and citizenship. At Martinez Immigration, our dedicated immigration lawyers help applicants navigate the complex asylum process, ensuring their rights are protected and their applications are thoroughly prepared.
Understanding Asylum
Asylum is a form of legal protection available to individuals who have suffered persecution or have a well-founded fear of future persecution in their home country based on:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group
Asylum allows individuals to stay in the U.S., work legally, and eventually apply for a Green Card and citizenship.
Who may need an immigration attorney for Asylum?
An immigration lawyer can assist individuals who:
- Fear Persecution in Their Home Country – Those who have experienced or are at risk of violence, torture, or persecution due to their identity or beliefs.
- Are in the U.S. or Seeking Entry – Individuals applying for asylum from within the U.S. or at a U.S. port of entry.
- Have a Complex Case – Applicants who missed the one-year filing deadline, have insufficient evidence, or face deportation.
- Need Representation in Immigration Court – Individuals defending against deportation while seeking asylum protection.
Missing deadlines or lacking evidence can lead to denial
An immigration lawyer can help strengthen your case.
Eligibility Criteria for Asylum
To qualify for asylum, you must:
- Apply Within One Year of Arrival – Applicants must file Form I-589 within one year of entering the U.S., unless there are changed circumstances or extraordinary reasons for the delay.
- Prove a Well-Founded Fear of Persecution – You must provide credible evidence that returning to your home country would put you at risk.
- Show Persecution is Based on Protected Grounds – Persecution must be tied to race, religion, nationality, political opinion, or membership in a particular social group.
- Be in the U.S. or Arriving at a Port of Entry – Asylum seekers must be physically present in the U.S. or seeking entry at the border.
Types of Asylum Applications
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Filed by individuals not in removal proceedings who proactively apply for asylum with U.S. Citizenship and Immigration Services (USCIS).
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Filed as a defense against deportation, requiring representation in immigration court.
Are you unsure which process applies to you? Our immigration lawyers can assess your case and guide to help you navigate the process effectively.
How to Apply for a Humanitarian Visas Process
Submit a Formal Request
Prepare a detailed request to USCIS for humanitarian reinstatement.
Provide Supporting Evidence
Include proof of relationship, financial support, and humanitarian need.
Secure a Substitute Sponsor
A U.S. citizen or lawful permanent resident (LPR) relative must complete Form I-864 (Affidavit of Support).
USCIS Review
USCIS will assess the case based on humanitarian factors and legal eligibility.
Decision on Your Case
If approved, your immigration case will proceed as if the petitioner were still alive.
Humanitarian reinstatement is granted at the discretion of USCIS, so presenting a strong case is crucial. An immigration lawyer can help you gather the right evidence and structure your request.
Required Documentation
Death Certificate of the Petitioner
Proof of the petitioner’s passing.
Approved I-130 Petition
USCIS approval notice of the original petition.
Proof of Relationship
Marriage certificate, birth certificate, or adoption records.
Financial Support Documentation
Form I-864 from the substitute sponsor, along with tax returns and proof of income.
Proof of Humanitarian Need
Evidence of emotional, financial, or health-related hardship.
Proof of Residency (if applicable)
Evidence showing you were living in the U.S. at the time of the petitioner's death.
Common Challenges & Legal Solutions
Challenges
Solutions
Lack of a Qualified Substitute Sponsor
Without a qualified sponsor, the request may be denied.
An immigration lawyer can help identify a suitable sponsor and prepare supporting evidence.
Insufficient Evidence of Hardship
USCIS may deny reinstatement if the humanitarian need is not well-documented.
A lawyer can help compile evidence, such as medical records, financial statements, and expert testimonies.
Petitioner’s Death Before I-130 Approval
If the petitioner died before I-130 approval, you may not qualify for reinstatement.
An immigration lawyer can explore other immigration options, such as parole or humanitarian visas.
Inadmissibility Due to Past Violations
Prior overstays or visa violations may affect eligibility.
A lawyer can assess whether you qualify for a waiver or other legal relief.
Additional Resources
Frequently Asked Questions
What happens if I don’t have a substitute sponsor?
You must have a substitute sponsor to qualify for humanitarian reinstatement. A lawyer can help you find and prepare a sponsor.
Can I still apply if the petitioner died before I-130 was approved?
No, humanitarian reinstatement only applies to approved I-130 petitions. Other options may be available through parole or other humanitarian visas.
What factors does USCIS consider when deciding on humanitarian reinstatement?
USCIS considers the emotional, financial, and health-related impact on the applicant, as well as the humanitarian benefit of approval.
How long does humanitarian reinstatement take?
Processing times vary, but most cases are resolved within 6–12 months. Complex cases may take longer.
Can I include my spouse or children in my application?
Yes, if they were included in the original I-130 petition, they may also qualify for reinstatement.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your humanitarian reinstatement request? A trusted immigration lawyer at Martinez Immigration will guide you through the entire process.