Asylum Seekers – Thank you for considering Melanie Abrams to assist you in determining your eligibility for asylum in the United States. Asylum permits you to reside in the United States, obtain work authorization, obtain a “Green Card,” and eventually apply for US citizenship. Our Legal Department can assist you in determining if you qualify to ask for asylum.
If you are eligible for asylum, we can provide you with legal representation and file your application on your behalf. We have an office in New York, but we can assist you regardless of your location in the United States.
What exactly is asylum?
Asylum is claimed by an individual who departs their home country, enters or asks entry into the United States, and applies for protection from the United States so they do not have to return.
To qualify for asylum as an asylum seeker, you must demonstrate that you are a refugee who cannot or will not return to his or her country of nationality due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
This implies that you must demonstrate that your race, religion, nationality, membership in a specific social group, or political viewpoint was or will be the primary reason for your persecution or why you fear persecution. Economic hardship is not a valid basis for asylum claims.
You must submit an asylum application within one year of entering the United States.
How do I Request Asylum?
If you are currently in the United States, ideally with a valid visa, you may petition for asylum using USCIS Form I-589. This is referred to as Affirmative Asylum.
You can claim asylum at a port of entry, such as a border crossing, if you are seeking refuge outside the United States and do not have a valid visa to enter. This procedure is referred to as Defensive Asylum and is considerably more complicated.
Scroll down for videos and information on both asylum processes from our asylum attorney.
How Asylum Operates
Depending on whether you seek affirmative or defensive asylum, the process may begin with USCIS and often concludes with a court ruling.
Affirmative Asylum – You are Currently in the United States
Once your asylum petition has been submitted, the evaluation procedure might take anywhere from months to years. Since January 2018, the asylum process with USCIS has moved substantially more quickly.
You will be eligible to apply for authorisation to work in the United States approximately five months after submitting your application.
Typically one to three months after submitting your application, you will be summoned for an interview with USCIS. If the USCIS officer determines that your asylum claim is legitimate, they will grant it. Your asylum claim will be referred to the courts if there is any uncertainty. For this reason alone, it is imperative that you have an asylum-focused attorney. Choose your asylum attorney with care, as not all immigration lawyers are qualified to defend you in these hearings.
You may remain in the United States during the duration of the process.
Defensive Asylum – You are Outside the U.S. Without a Visa or Present Illegally in the U.S.
The defensive asylum procedure is notoriously convoluted and typically requires the applicant to be imprisoned for at least a brief amount of time, and frequently much longer. Throughout this entire procedure, the applicant is officially in removal proceedings; therefore, it is essential to have an expert immigration attorney and asylum counsel.
The defense asylum procedure fully bypasses the USCIS phase and is exclusively handled by the courts. Unrepresented clients have a 10% probability of being granted refuge, thus anyone considering this route should retain an experienced asylum attorney. Before considering asking for asylum in this manner, please feel free to contact our immigration law firm to discuss your case in greater detail.
If you are awarded asylum, you and any qualified spouse or kid included in your application will be allowed to remain and work in the United States, and you may eventually adapt to lawful permanent residence status, sometimes known as a Green Card holder.
If you are denied asylum, Homeland Security may use your information to deport you. In order to escape deportation, you must succeed in your asylum application.