Asylum Based on Race

When you and your family face persecution in your home country based on your race, you may be eligible to enter the United States under one of the asylum treaties the country offers. But to have the best chance of getting approved for asylum based on race, you need to rely on the best immigration attorney you can find. In New York City, that’s Alina Kats at Kats Immigration Law. Call her team today to schedule a consultation about your immigration claim of racial persecution.

What Is Asylum Based on Race?

Asylum based on race is a form of protection you may receive if you leave your home country due to fear of physical violence, discrimination, threats or harassment because of your racial identity. You must provide details of the mistreatment including the dates, location and documentation of any physical injuries from racially motivated attacks that support your claim.

You need to go through the asylum application form I-589 and biometric appointment or prepare for the interview and attend hearings, which depends on whether you apply under affirmative or defensive asylum.

Experienced immigration attorneys at Kats Immigration Law are well-versed in asylum rules and regulations, whether you face serious persecution based on race, religious belief, nationality or political opinion. A certified asylum attorney, Alina Kats has the necessary experience, having successfully helped hundreds of asylum seekers with different types of asylum claims. You can book a one-to-one virtual consultation to see what experts say about your asylum claim.

Who’s Eligible for Asylum Based on Race?

If you seek asylum based on your racial identity, you must be physically present in the U.S. or at a port of entry. You must have faced harm in the past or fear a similar situation in the future, which may come in different forms from laws that discriminate against you, ranging from exclusion from society to discrimination in the workplace. The persecution must be serious enough to threaten your life or freedom and include:

• Connection to race. You must prove that the persecution you face, or fear is directly related to your racial identity by providing witness statements and other forms of evidence.
• Government inaction. The government you’re fleeing is unwilling or unable to control the persecution by others.
• No permanent resettlement. You must have yet to resettle in another country before arriving in the United States.
• Timely application. You must apply for race-based asylum within one year of your last visit to the U.S. If you file after one year, you may need to prove extraordinary circumstances that caused the delay of your application.

You can prepare a strong and well-documented asylum application if you meet these criteria. You must gather all relevant evidence proving your experiences in your home country. Once asylum is granted, you may be eligible to apply for a green card and file a petition for your spouse and unmarried children under 21 to join you in the U.S.

How Can an Immigration Attorney Help with Asylum Claims Based on Race?

An immigration attorney reviews the details of your situation and determines whether your case meets the criteria for asylum based on race. An asylum attorney may conduct an in-depth consultation to understand your unique circumstances to set the direction for your application. Your NYC immigration attorney also provides services such as:

• Gathering and organizing evidence. An attorney helps you collect affidavits, hospital reports of physical harm, human rights organization reports of your country’s situation and other relevant documents.
• Developing legal strategy. They develop a legal strategy according to your case and present your case in the most compelling way to highlight the persecution you faced due to your race.
• Preparing applications. They make sure your form I-589 for withholding of removal is filled correctly without any risk of errors, which can delay the process.
• Representing you in interviews and hearings. They prepare you for interviews and hearings with a U.S. Citizenship and Immigration Services (USCIS) officer by conducting mock sessions and teaching you the complete process. They can also represent you during these proceedings.

Immigration laws and policies are changing frequently. An immigration attorney knows the current updates and makes sure your claim fits with the latest regulations. If the USCIS requests any additional evidence, an asylum attorney helps you reply quickly to any such requests. They can also assist you in filing an appeal with the Board of Immigration Appeals (BIA) if your asylum claim based on your racial identity gets rejected.

What Are the Long-Term Benefits of Being Granted Asylum Based on Race?

You can have freedom from persecution after being granted asylum and live without the fear of being targeted because of your racial identity. Asylum status does not only protect and secure you from harm but opens many long-term benefits and opportunities. For example, after one year of being granted asylum, you can become a lawful permanent resident.

Similarly, after five years you can apply for citizenship and naturalization, which provides you full voting rights, access to federal jobs, and protection from deportation. Other benefits include:

• Employment authorization
• Access to educational opportunities
• Professional licensing
• Bringing family members to the U.S.
• Social services potential

Immigration processes are time-sensitive; missing deadlines for applications may affect your asylum clock, which can reduce your chances of securing these benefits. Contact Kats Immigration Law, with offices in Brooklyn and Manhattan. Their skilled asylum attorneys have a proven track record in all types of immigration issues from defending those who face smuggling consequences to helping investors find appropriate financial opportunities.