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Fleeing your home country to seek safety in the United States is one of the most challenging decisions a person can make. For many of our clients in Schaumburg and the greater Chicago area, the journey doesn’t end upon arrival; it continues through a complex legal process known as the asylum process. The central challenge in any asylum claim is not just stating that you are afraid to return, but proving that your fear is well-founded under the law.
Our compassionate Schaumburg asylum lawyers understand that retelling your story can be painful. You are not just a case number to us; you are a person deserving of respect and protection. While immigration law is federal, your case will likely be heard locally, either at the Chicago Asylum Office on West Madison Street or before an immigration judge in the Chicago Immigration Court. Understanding what these specific adjudicators require is critical to your success.
The Burden of Proof: What the Law Requires
In the United States, you carry the burden of proof. Under the Immigration and Nationality Act (INA) § 208, you must demonstrate that you are a “refugee.” Demonstrating that you are a refugee means you are unable or unwilling to return to your country of origin because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The legal standard you must meet is a “well-founded fear” of persecution. The Supreme Court has ruled that you do not need to prove persecution is more likely than not; establishing a “reasonable possibility”, even a 10% chance, can be sufficient, provided your fear is both subjectively genuine (you are truly afraid) and objectively reasonable (facts support your fear).
Federal Law in Illinois Courts
Although federal statutes govern asylum, cases in Schaumburg and Chicago are processed within the jurisdiction of the Seventh Circuit Court of Appeals. Understanding jurisdiction issues is critical because the Seventh Circuit has specific interpretations of what constitutes “persecution” that immigration judges in Illinois must follow. For example, under Seventh Circuit precedent, economic hardship generally does not count as persecution unless it is “severe economic deprivation” that effectively deprives you of all means of earning a livelihood.
Gathering the Right Evidence
Documentation is the backbone of a strong asylum claim. While your testimony is vital, the REAL ID Act of 2005 allows an immigration judge to require corroborating evidence if it is reasonable to expect you to provide it.
Direct Evidence of Past Harm
If you were physically harmed, you should provide evidence that links that harm to a protected ground (like your religion or political opinion).
- Police Reports: If you reported incidents to the police in your home country, those records are powerful
- Medical Records: Hospital reports, photos of injuries, or psychological evaluations can corroborate physical abuse
- Affidavits: Sworn statements from witnesses who saw the persecution or know about the threats against you can support your claim
Country Conditions Reports
You must show that the government in your home country is either the persecutor or is unable/unwilling to control the group persecuting you. To prove this, our legal team utilizes:
- U.S. Department of State Country Reports on Human Rights Practices: These are the “gold standard” in immigration court. They provide an annual assessment of human rights in every country
- NGO Reports: Reports from Amnesty International or Human Rights Watch can fill gaps where government reports are silent
The Critical Role of Credibility and Testimony
Under the REAL ID Act, an asylum officer or judge will evaluate your credibility based on the “totality of the circumstances,” and this is often where cases are won or lost.
Consistency is Key
Your testimony in court must match the written statement in your Form I-589 (Application for Asylum and for Withholding of Removal). If you tell the asylum officer one story but tell the judge a slightly different version later, it can damage your credibility. Even minor inconsistencies, like dates or times, can be used to deny a claim if they are not explained.
Demeanor and Detail
Adjudicators in Chicago are trained to watch your body language and demeanor and look for:
- Details: Vague statements like “they treated me badly” are rarely enough. You must provide specific details, such as who harmed you, when it occurred, and what they specifically said
- Responsiveness: Answering questions directly without evasion is crucial
Avoiding “Notario” Fraud in Illinois
We must address a specific danger facing immigrants in Illinois. Under the Illinois Notary Public Act, it is illegal for a notary public to call themselves a “notario publico” or any similar term that implies they are an attorney.
In many Latin American countries, a “notario” is a high-level lawyer. In Illinois, a notary public is merely a witness to signatures. Many unscrupulous individuals in the Chicago area exploit this confusion to charge for legal services they are not qualified to provide. Using a “notario” can result in incorrectly filed forms, missed deadlines, and even permanent deportation. Always ensure your representative is a licensed attorney or a DOJ-accredited representative.
Why Choose Metcalf & Associates?
Our legal professionals know the asylum process can be intimidating. You may feel as though the system is designed to keep you out. At Metcalf & Associates, P.C., we take a different approach. Our attorneys believe that your dignity is just as essential as your legal status. When you walk through our doors, you are treated as a partner in your defense, not just a file.
We have extensive experience navigating the specific procedures of the Chicago Immigration Court and the Asylum Office. Our experienced legal team will help you prepare your statement, gather the necessary country reports, and practice your testimony so you can tell your story with confidence.
Schedule Your Free Consultation
If you or a loved one is fearing persecution and needs protection, do not wait. Asylum claims generally must be filed within one year of your arrival in the United States. Call us today at 224-328-1900 to discuss your case. We are here to listen and ready to help.
