Different Types of Asylum Claims

With so many options available to legally enter and stay in the United States, it’s difficult for a layperson unfamiliar with the U.S. immigration laws to navigate the system. As immigration laws are continually in flux, especially when new administrations take over, changes are difficult to keep up with. That’s why you need an experienced immigration attorney like Alina Kats to walk you through your options and advise you on the most appropriate type of asylum claim to file. Alternatively, she may guide you in another direction that may be more successful for your situation. Call Kats Immigration Law today to learn how to make the move the United States.

How Can I Apply for Affirmative Asylum?

You can apply for affirmative asylum by submitting form I-589, Application for Asylum and withholding of removal, to United States Citizenship and Immigration Services (USCIS). You need to provide information regarding your asylum claim, which may include your personal information and reasons for the mistreatment in your home country with the supporting evidence. Common types of asylum claims include:

• Asylum based on race
• Asylum based on religion
• Asylum based on nationality
• Asylum based on membership in a particular social group
• Asylum based on a political opinion

To ensure you apply properly within a time limit, rely on a qualified asylum attorney in NYC. Alina Kats helps you prepare for your asylum interview and makes sure you provide clear and consistent responses during your interview. Visit Kats Immigration Law at their Manhattan or Brooklyn office or book a virtual consultation with them today for legal support throughout the asylum process.

What Are Defensive Asylum and Affirmative Asylum Claims?

Your defensive asylum process starts when you receive a Notice to Appear (NTA) in immigration court, which shows that removal proceedings have been opened against you. You’re only eligible for an affirmative asylum claim if you aren’t currently involved in deportation and removal proceedings and can prove your claims.

An affirmative asylum claim is used if you have not received an NTA and removal proceedings haven’t yet begun. Your attorney may suggest that you file for an affirmative asylum that includes:

• Being physical present in the United States
• Filing the application form
• Attending biometric appointments
• Interviewing with an asylum officer

You use the defensive asylum process when you’re already in removal proceedings with the Department of Homeland Security (DHS). If you’re caught without legal status, stay longer than your visa, or your previous asylum application is rejected, you can apply as a last defense to avoid deportation. You must submit the form and supporting evidence to the immigration court during removal proceedings. The defensive asylum process includes:

• Collecting documentation, evidence and a strong legal argument supporting your persecution claim
• Preparing form I-589 with accurate information
• Presenting your case with reasons for seeking asylum when you attend asylum hearings
• Submitting evidence to support your claim of persecution, which may include personal testimony, medical records, reports from human rights organizations and any other relevant documentation
• Appealing the decision to the Board of Immigration Appeals (BIA) if your defensive application gets denied

What Are the Deadlines for Filing an Asylum Claim?

Whether you’re applying for affirmative or defensive asylum, you must file your application within one year of your arrival in the U.S. If you faced some extraordinary circumstances like illness, disability or any other events beyond your control that stopped you from filing within the one-year deadline, you may be able to justify a late application. And you may experience different types of deadlines throughout your asylum process such as:

• Deadline for work authorization
• Court and interview deadlines
• Deadlines for submitting additional information
• Appeal deadlines
• Biometrics appointment

If you fail to meet any deadlines, this may affect your process and result in rejection. An immigration attorney can help make sure that you meet all deadlines and as they track your asylum clock  throughout the entire process and beyond.

How Can an Immigration Attorney Help with the Asylum Claims?

An immigration attorney investigates your case by considering factors like past persecution, fear about the future and reasons you need asylum. Even if you’re not eligible for asylum, they can suggest other options available to you like protection under the Convention Against Torture (CAT).

An attorney can also help you collect all the required evidence to back up your claim whether it’s your statements, health documents, reports about your country’s situation or witness statements. Other services

• Completing forms. An attorney makes sure that all your application forms are completed and submitted on time, which reduces the risk of delays and errors.
• Representing you in interviews. Your attorney can prepare you for the types of questions you may be asked during your asylum interview with USCIS and make sure you understand the process and present your case successfully.
• Attending court hearings. If your case proceeds to immigration court, they can represent you by developing strong legal arguments based on current laws. An attorney can also cross-examine government witnesses and respond to the judge’s questions on your behalf.

Immigration laws and policies are constantly changing. An experienced attorney stays updated on these changes and informs you of any new developments that could impact your application. Kats Immigration Law has helped thousands of asylum seekers prepare a successful application within the required timeframes. Contact Alina Kats today and get the support you need as you move through this challenging journey.