Cleveland Immigration Lawyers Helping Those Seeking Asylum
At Bartell, Georgalas & Juarez, we understand the profound challenges faced by individuals fleeing persecution in their home countries.
Our dedicated team of immigration attorneys in Cleveland, Ohio, is committed to providing compassionate and effective legal representation to those seeking asylum. With additional offices in Independence, Columbus, and Oxford, Ohio, we are well-positioned to assist clients throughout the state.
What Is Asylum and Do You Qualify?
In the United States, asylum is a powerful legal safeguard for individuals who are fleeing persecution in their home countries. Under U.S.
immigration law, specifically
8 U.S.C. §1101(a)(42)(A), a person may be granted asylum if they are unable or unwilling to return to their home country because of past persecution or a well-founded fear of future persecution. This persecution must be tied to one of five protected grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Persecution can include threats, physical harm, imprisonment, torture, sexual violence, denial of education, and other serious forms of mistreatment. These experiences do not have to come from the government alone; if the harm is inflicted by private individuals or groups that the government is unable or unwilling to control, it may still qualify.
For many people living in or arriving in Cleveland, Ohio, the right to apply for asylum offers a chance at freedom, stability, and the opportunity to rebuild a life without fear. Whether you are escaping authoritarian regimes, religious persecution, political violence, or targeted harm because of your sexual orientation, gender identity, or ethnic background, asylum may provide the legal protection you need.
Once granted asylum, you are permitted to stay in the United States indefinitely. As an asylee, you may also:
Our Cleveland asylum attorneys at Bartell, Georgalas & Juarez are deeply experienced in asylum law and understand how critical these protections are to individuals and families. We take the time to learn your story, identify the best legal strategy, and help you prepare strong documentation to meet the stringent requirements of U.S. immigration officials and courts.
If you are uncertain whether you qualify for asylum, or if your situation seems unique or complicated, it is essential to speak with a knowledgeable immigration attorney. We proudly serve clients in Cleveland, Independence, Columbus, and Oxford, Ohio, offering honest advice, careful preparation, and fierce advocacy at every stage of your asylum journey.
Seeking Asylum to Avoid Deportation
One of the most urgent and emotionally charged situations
an immigrant can face in the United States is the threat of deportation. For many people in Cleveland, Ohio, who arrived without proper documentation or who have overstayed a visa or experienced a change in circumstances, applying for asylum may be the only way to legally remain in the country and avoid being sent back to a place where their life is in danger.
If you are already in the U.S. and removal proceedings have been initiated against you, you may be able to apply for what is called defensive asylum. This means your asylum application will be considered by an immigration judge during your deportation case. If the judge grants your request, you will be allowed to stay in the United States, obtain work authorization, and eventually apply for permanent residency.
In defensive asylum cases, time is absolutely critical. As soon as you receive a Notice to Appear (NTA) in immigration court, you should contact an experienced Cleveland immigration attorney. Our legal team at Bartell, Georgalas & Juarez works quickly to analyze your eligibility, gather critical evidence, and prepare a compelling argument for why you deserve protection under U.S. asylum laws.
We also work with clients in Cleveland who fear deportation but have not yet been placed in removal proceedings. In these cases, you may still apply for affirmative asylum by submitting your application to U.S. Citizenship and Immigration Services (USCIS). If the application is denied and you are not in legal status, your case may be referred to an immigration judge, giving you another opportunity to argue your claim.
Common deportation-avoidance asylum cases we handle in Cleveland, Ohio, and surrounding cities include:
- Political asylum for dissidents and whistleblowers fleeing authoritarian regimes
- LGBTQ+ asylum for individuals targeted due to their gender identity or sexual orientation
- Domestic violence asylum for survivors of abuse in countries that fail to offer legal protection
- Religious asylum for members of persecuted faiths or sects
- Ethnic and tribal persecution cases, often from regions with longstanding internal conflict
When you work with Bartell, Georgalas & Juarez, you are not just hiring attorneys; you’re partnering with a team that believes in your right to safety, dignity, and a future free from fear. Our attorneys in Cleveland, Independence, Columbus, and Oxford, Ohio, are here to walk you through every step of the process with care, precision, and a firm commitment to achieving the best possible outcome for you and your family.
What Is the Difference Between Affirmative Asylum and Defensive Asylum?
When seeking asylum in the United States, understanding the two distinct application paths, affirmative asylum and defensive asylum, is essential. Each route serves a different purpose and follows a different legal process. At Bartell, Georgalas & Juarez, our asylum attorneys in Cleveland, Ohio, have extensive experience guiding clients through both systems with confidence, empathy, and a strategic approach designed to secure the protection you deserve.
Affirmative Asylum
Affirmative asylum is the process used by individuals who are not currently in removal proceedings and who apply for asylum proactively through U.S. Citizenship and Immigration Services (USCIS). This means you are voluntarily coming forward to seek protection before being placed in immigration court.
Key features of affirmative asylum include:
- The application is filed using Form I-589 with USCIS.
- Applicants must be physically present in the United States and apply within one year of arrival (unless an exception applies).
- The process involves an interview with an asylum officer at a USCIS asylum office, not a courtroom proceeding.
- If your application is approved, you will be granted asylum status and can apply for a green card after one year.
- If your application is denied and you do not have valid legal status, your case is referred to immigration court, where you may pursue defensive asylum.
Affirmative asylum is ideal for individuals who are currently in the U.S. on a valid visa or have recently entered the country and are seeking protection without the pressure of imminent deportation.
Examples of Cleveland-area clients who pursue affirmative asylum include:
- LGBTQ+ individuals who fled their country due to targeted threats or violence.
- Political activists who fear imprisonment for criticizing government regimes.
- Religious minorities who have suffered discrimination or threats of harm.
- Survivors of domestic violence who no longer have protection from local law enforcement in their home countries.
Defensive Asylum
Defensive asylum, on the other hand, is applied for when an individual is already in removal (deportation) proceedings in immigration court. This means the person is facing potential deportation and is using asylum as a defense to remain in the United States legally.
Key features of defensive asylum include:
- It is heard before an immigration judge in immigration court under the jurisdiction of the Executive Office for Immigration Review (EOIR).
- The process is more adversarial, involving a government attorney arguing for removal.
- Applicants must present strong evidence and often testify under oath about their fears of returning to their home country.
- If the judge grants asylum, the applicant gains full asylee status with the ability to work, remain in the country, and apply for permanent residence after one year.
- If asylum is denied, the applicant may be subject to removal unless eligible for another form of relief.
Defensive asylum is critical for individuals who have been:
- Apprehended at the U.S. border or after an unlawful entry.
- Referred to court after a denied affirmative asylum claim.
- Facing deportation due to visa overstay or immigration violations.
In Cleveland, Ohio, as well as in Independence, Columbus, and Oxford, our immigration attorneys represent clients in both affirmative and defensive asylum processes. We are committed to ensuring that your story is heard clearly and that your rights are vigorously defended, whether before a USCIS officer or an immigration judge.
Choosing the Right Path With Legal Help
Many individuals in Cleveland are unsure which asylum process applies to them. If you are currently not in immigration court, you may qualify for affirmative asylum, but only if you apply within the one-year deadline. If you have already received a Notice to Appear (NTA) in court, then you must pursue defensive asylum.
The team at Bartell, Georgalas & Juarez is here to help you determine which path is right for you and to support you at every step. From completing and submitting your application to representing you in interviews or court hearings, our firm offers trusted legal guidance based on decades of immigration experience in Cleveland, Ohio and beyond.
Let us stand by your side as you seek the safety, freedom, and future that asylum offers.
Understanding Asylum Application Deadlines
One of the most important, yet often misunderstood, aspects of the asylum process is the strict one-year filing deadline. U.S. immigration law mandates that individuals must apply for asylum within one year of their last entry into the United States, unless they can prove exceptional circumstances or changes in conditions. Failing to meet this deadline can result in automatic ineligibility for asylum, regardless of the merits of the underlying claim.
The Standard Deadline
Under the Immigration and Nationality Act (INA), asylum seekers must submit Form I-589 within 365 days of entering the United States. This rule applies to both affirmative asylum cases filed with USCIS and defensive asylum claims raised in immigration court.
Whether you entered on a student visa, were paroled at a border, or crossed without inspection, the one-year clock begins ticking from the last date of entry.
Exceptions to the Deadline
While the one-year deadline is firm, there are several legal exceptions that may apply. These exceptions are narrowly interpreted, and it is critical to work with experienced asylum attorneys in Cleveland, Ohio, like those at Bartell, Georgalas & Juarez, to present strong justification for filing late.
Some recognized exceptions include:
- Changes in Country Conditions: For example, if a coup, civil war, or new oppressive regime has taken power in your country after your arrival in the U.S.
- Changes in Personal Circumstances: Such as a recent conversion to a new religion, coming out as LGBTQ+, or becoming pregnant after fleeing a country with forced sterilization or anti-women laws.
- Extraordinary Circumstances: Situations beyond your control that prevented timely filing, such as a serious illness, mental health crisis, or ineffective legal representation.
Why You Must Act Quickly
Delaying your asylum application, especially if you are already in Cleveland, Ohio, or surrounding areas like Independence, Columbus, or Oxford, can significantly hurt your case. You may lose access to protections or work authorization or even be barred from presenting your claim entirely.
Our Cleveland attorneys will:
- Review your entry date and immigration history
- Evaluate whether an exception applies to your case
- Gather documentation to support a delayed filing
- Ensure your Form I-589 is complete, accurate, and timely
Don’t wait until your status becomes uncertain or until you are placed in removal proceedings. If you believe you qualify for asylum, contact our Cleveland immigration team immediately to protect your rights and start your application before the deadline expires.
Seeking Asylum and the Burden of Proof
The success of any asylum application in the United States hinges on the applicant’s ability to meet the burden of proof. You must convincingly demonstrate that you have either already suffered persecution or have a well-founded fear of future persecution in your country of origin. U.S. law places the responsibility on you, the applicant, to substantiate your claim with both narrative and evidence.
What Is the Burden of Proof in an Asylum Case?
To win asylum, you must show that your fear of persecution is not just speculative but grounded in reality. The law requires demonstrating that:
- You were persecuted in the past or fear future persecution.
- That persecution is due to one of five protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group (e.g., LGBTQ+, domestic violence survivors, ethnic minorities)
- Your fear is both subjectively genuine and objectively reasonable.
In Cleveland, Ohio, where asylum claims are thoroughly scrutinized by USCIS and immigration judges, this standard is strictly enforced. The attorneys at Bartell, Georgalas & Juarez specialize in building detailed and compelling asylum applications that satisfy this standard and withstand legal review.
What Evidence Should Be Included?
Our Cleveland attorneys work closely with clients to gather, organize, and present the strongest possible evidence. This may include:
- Personal affidavits and declarations that outline your persecution or fear in clear, chronological detail
- Medical or police reports documenting injuries, arrests, or threats
- Country condition reports from the U.S. Department of State or credible human rights organizations
- Expert testimony from scholars, doctors, psychologists, or cultural experts
- Letters from family, friends, or community members who witnessed persecution or threats
- Social media posts, photographs, or news articles that support your narrative
Each piece of evidence plays a role in strengthening your credibility and bolstering the claim that your life would be in danger if you returned to your home country.
Specialized Asylum Categories
Our team in Cleveland, Ohio, also regularly represents clients in specialized categories, such as:
- Political asylum – Individuals targeted for protesting, blogging, or associating with political movements
- LGBTQ+ asylum – Those persecuted for sexual orientation or gender identity
- Domestic violence asylum – Survivors fleeing intimate partner violence in countries where law enforcement offers no protection
- Credible fear interviews – An early screening process for individuals apprehended at the border, where we help prepare clients to demonstrate a valid fear of returning home
At Bartell, Georgalas & Juarez, we understand how intimidating it can be to prove your fear. That’s why we take a trauma-informed approach, guiding you step by step through the process while ensuring that your voice is heard and your experiences are validated.
What Should You Expect During the Asylum Interview Process?
The asylum interview is one of the most critical steps in the immigration process for individuals seeking protection in the United States. It serves as your primary opportunity to present your story in a structured, confidential setting. Conducted by a trained officer from the United States Citizenship and Immigration Services (USCIS), the interview determines whether your claim meets the legal standard for asylum under U.S. law.
Understanding the Interview Structure
- Interview Scheduling: After you file Form I-589 (Application for Asylum and for Withholding of Removal), you will receive a notice to appear at a USCIS asylum office. For individuals residing in Cleveland, Ohio, and surrounding areas like Independence, Columbus, and Oxford, your interview may be scheduled at a regional office, with travel often required.
- Personal Interview: You will be asked to explain in detail the circumstances that led to your departure from your home country, the persecution or threats you endured, and why you are unable to return.
- Interpreter Availability: If you are not fluent in English, you are required to bring an interpreter. Our multilingual team at Bartell, Georgalas & Juarez in Cleveland includes professionals fluent in Spanish, Thai, Russian, and other languages, ensuring that language barriers never stand in the way of your protection.
What the Officer Will Look For
USCIS asylum officers are trained to evaluate:
- Credibility: Is your story internally consistent? Does your testimony align with documents, country reports, and past statements?
- Detail and Specificity: Officers will ask probing questions. Dates, names, events, and even seemingly minor inconsistencies can weigh heavily on their decision.
- Evidence: Supporting documentation, including medical reports, photographs, affidavits, or expert declarations, is crucial in establishing the facts of your case.
- Manner of Testimony: Nervousness is expected, but vague or evasive answers can raise red flags.
Why Preparation Is Essential
Without proper preparation, many applicants unintentionally undermine their own cases. At Bartell, Georgalas & Juarez, we conduct comprehensive interview prep sessions for clients throughout Cleveland, Ohio, and beyond. Our attorneys:
- Help you practice responses to expected questions
- Identify and resolve discrepancies in your application
- Assist in gathering and organizing supporting documentation
- Attend interviews where permissible to ensure procedural fairness
We understand how emotionally difficult it can be to relive painful memories. That’s why our Cleveland immigration attorneys take a trauma-informed, respectful approach to help you feel confident and supported throughout the interview process.
What Happens After You Complete the Asylum Process?
Once the interview is complete, your asylum case enters a decision-making phase that can have multiple outcomes. Regardless of the result, the Cleveland immigration team at Bartell, Georgalas & Juarez will remain by your side.
Possible Post-Interview Outcomes
- Approval
- If your asylum claim is approved, you will receive a grant of asylum status.
- This means you can:
- Live and work in the United States legally.
- Apply for a Social Security number.
- Request derivative asylum status for your spouse and children.
- Apply for a green card (permanent residency) one year after receiving asylum.
- Referral to Immigration Court
- If the asylum officer does not approve your application, your case may be referred to the immigration court for further review.
- This typically occurs when the officer finds your fear of persecution not sufficiently credible or believes additional testimony under oath is necessary.
- In this case, your asylum claim becomes part of a defensive asylum application in front of an immigration judge.
- Request for Additional Information
- Sometimes, USCIS may issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if more documentation or clarification is required before a decision can be made.
What Happens If You Are Referred to Court?
While a court referral can feel like a setback, it also provides another opportunity to present your case, this time before an immigration judge. Our legal team in Cleveland, Ohio, with support in Independence, Columbus, and Oxford, will prepare court filings, appear at hearings, and present expert witnesses and legal arguments on your behalf.
We’ve successfully represented Cleveland individuals in asylum cases involving:
- Political asylum for activists and journalists
- LGBTQ+ asylum for individuals fleeing persecution based on sexual orientation
- Domestic violence asylum for survivors whose governments failed to protect them
- Credible fear review hearings following border apprehensions
Ongoing Support After Asylum
An asylum grant is just the beginning. We’ll also help you with:
- Applying for lawful permanent residence (green card)
- Renewing work authorization
- Reuniting with family through I-730 petitions
- Applying for U.S. citizenship after five years of residency
Our goal is to ensure you not only win asylum but also thrive and build a secure future here in Cleveland, Ohio.
How Can a Cleveland Attorney Help You Seek Asylum?
Navigating the U.S. asylum system is incredibly complex and emotionally taxing. Success often depends not only on your story but also on how that story is presented. A skilled Cleveland asylum attorney can make all the difference, ensuring that your claim is clearly, convincingly, and compassionately heard.
Why Choose Bartell, Georgalas & Juarez?
With offices in Independence, Columbus, and Oxford, Ohio, we offer local accessibility backed by national experience. Our Cleveland law firm devotes its entire practice to immigration matters, and we have successfully guided countless asylum seekers to safety and security in the U.S.
Our services include:
- Full asylum application preparation: drafting Form I-589, preparing evidence, and compiling legal briefs.
- Credible fear interview support: for individuals detained at the border or recently placed in expedited removal.
- Representation in immigration court: including defensive asylum claims and motions to reopen.
- Specialized support for high-risk groups, such as:
- Political dissidents
- LGBTQ+ asylum seekers
- Women and children fleeing gender-based or domestic violence
- Religious minorities
- Multilingual legal assistance: Our team speaks multiple languages, including Spanish, Russian, and Thai, to serve diverse populations across Ohio.
We are proud to be one of the few immigration law firms in Cleveland, Ohio, with a consistent track record of success in both affirmative and defensive asylum matters.
Our Cleveland firm handles more than legal assistance for those seeking asylum; we also represent individuals, families, and businesses throughout Cleveland and across the country in immigration matters such as:
Contact Bartell, Georgalas & Juarez Today for Help Seeking Asylum in Cleveland
If you or a loved one is seeking asylum in Cleveland, Ohio, or anywhere throughout the state, the decisions you make today can profoundly shape your future. The asylum process is legally intricate and emotionally overwhelming, especially when your safety and the possibility of permanent U.S. residency are at stake. At Bartell, Georgalas & Juarez, our compassionate legal team is committed to helping you gain the protection you deserve under U.S. immigration law.
We understand the unique fears and challenges asylum seekers face, including those fleeing political persecution, religious intolerance, gender-based violence, or discrimination due to their LGBTQ+ status. From your initial application to interviews, court hearings, and post-asylum adjustments, we will stand by your side with unwavering support.
Our immigration attorneys serve clients in Cleveland, Independence, Columbus, and Oxford, Ohio, and offer multilingual services to ensure clear communication across language and cultural differences. Whether you’re applying for affirmative asylum through USCIS or defending yourself in immigration court, we are ready to help you build a strong, evidence-based case tailored to your situation.
Don’t face this journey alone. Reach out today for a confidential, no-obligation consultation. We’ll listen to your story, explain your options, and create a legal strategy that aligns with your goals. At Bartell, Georgalas & Juarez, your protection, your future, and your peace of mind are our top priorities.
Call (216) 710-6700 or contact us online to schedule your consultation. Let our Cleveland asylum attorneys fight for your right to safety and a better life in the United States.
