One way to immigrate legally into the United States is to seek political asylum. If you have fled your home country in fear of your life or liberty, you have asylum options in the U.S. to protect you. But to get through the complex process, including correctly filing and presenting the evidence of your persecution, you may need an experienced immigration lawyer like Aline Kats at Kats Immigration Law in New York City. Call her today to seek her guidance, advice and representation.
Asylum in the U.S. is a form of political protection given to foreign nationals who fled their home countries due to fear of persecution or actual persecution. The U.S. asylum process is designed to provide refugee status to people who face serious threats to their lives or their safety if they had remained in their home country. The persecution must be based on certain grounds, such as:
The asylum process plays a significant role in the legal immigration landscape of the United States. From 2016 to 2020, the U.S. received between 160,561 and 208,509 asylum applications per year. Asylum seekers have primarily come from China, Mexico, Afghanistan and Syria. Those seeking asylum must follow certain requirements under U.S. immigration law, but the approval rate has hovered around 27 percent. To be eligible for asylum, you must:
Legal representation for asylum seekers makes the process easier. A firm like Kats Immigration Law in Manhattan and Brooklyn has immigration attorneys with decades of experience, and they specialize in asylum cases. They prepare for your asylum interview and attend your asylum hearing to provide the best legal support for your asylum claim.
The process of applying for asylum in the United States is complex, so get an asylum lawyer to help you. There are two ways to apply for asylum: affirmative asylum and defensive asylum. The steps of both include:
The first step is to fill out the asylum application I-589 form. You must file this form within one year of your most recent arrival in the country. The form asks about your reason for seeking asylum. You reveal your personal history and present your evidence of persecution. You must also supply corroborating documentation.
After your I-589 form has been received, you meet with U.S. officials to record your fingerprints, take photographs and start a background check.
If you’re applying through an affirmative asylum process that’s not in removal proceedings, you have an interview with a U.S. Citizenship and Immigration Services asylum officer. During the one-to-two-hour interview, your claim is evaluated.
If you’re applying through a defensive asylum, your case goes to court, where you get a chance to present your evidence. During the hearing, you may call witnesses.
Your asylum application can take months or years, depending on multiple factors. While waiting for the final decision, you may:
If you’re not able to meet the basic criteria for asylum in the U.S., such as failing to prove you have a credible fear of persecution or your fear isn’t based on what you’ve previously reported, your asylum application may be denied. Several other reasons for denial include:
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Rafael RodriguezYour asylum hearing is a crucial part of the asylum application process. To improve your chances of a successful asylum hearing, make sure you familiarize yourself with the process. Prepare yourself by:
If you’re granted asylum, apply for an EAD if you don’t have one. It allows you to work legally in the U.S. After one year, you can apply for a green card for permanent residency in the U.S. You can also pursue naturalization and citizenship, which provides you broader rights and privileges under the law. With a derivative asylum status, you can petition to bring your spouse and children into the country.
Progressing through the asylum process is easier with an experienced immigration attorney. You may come up against legal barriers that only an immigration lawyer can navigate. Your expert asylum attorney also:
If you or someone you know is going through the complexities of an asylum process, consult with a reputable law firm like Kats Immigration Law for experienced, professional help. Find this practice in Manhattan and Brooklyn. No matter where you’re from, you deserve effective legal representation during your asylum application process. Contact Kats Immigration Law today in NYC to book your free initial consultation.