Attending an Asylum Hearing

If you’re seeking asylum in the United States because you’ve been persecuted in your own country, you likely have to attend an asylum hearing as part of your application process. An experienced immigration lawyer, like those at Kats Immigration Law in Manhattan and Brooklyn, prepare you for the hearing. To have a better chance of a successful verdict, call the best asylum lawyers at Kats Immigration Law today.

What Is an Asylum Hearing?

An asylum hearing is a legal procedure you may need to pass if you’re seeking political asylum in the United States. During the hearing, you present your case before an immigration judge, who decides whether you’re eligible for asylum. The asylum application process is classified into three types:

1. Affirmative asylum
2. Defensive asylum
3. Expedited asylum

The hearing gives you a chance to tell your story regarding why you need political protection from your home country. To improve your chances of being granted asylum through a hearing, seek the best immigration lawyer. In New York City, Kats Immigration Law specializes in asylum cases by offering professional and experienced legal support.

Why Do I Need an Asylum Hearing?

The U.S. tries to be a haven for victims of political persecution, but the process for finding those who deserve asylum is complex. An asylum hearing provides a fair way to protect your rights, ensure your safety and provide a formal platform to present your asylum case. Your asylum hearing may involve a number of participants, such as the:

• Immigration judge
• Government attorney
• Asylum seeker’s attorney
• Interpreter
• Witnesses
• Observers

Most asylum seekers aren’t legal experts, so preparing for an asylum interview can be overwhelming. For guidance through the process and help putting your case together, hire the best legal representation. The experts at Kats Immigration Law know the law and how to present your asylum case.

How Do I Prepare for My Asylum Hearing?

During your hearing, you need to show proof of your asylum claims. Documentation connects the dots with your story. Organize your documents, make sure they’re up-to-date and accurate. Prepare extra copies. Relevant documentation may include:

• Identification and personal documents, such as your ID card, passport, birth certificate, social security card, residency paperwork or citizenship documents
• Financial papers, including your bank statements, income receipts, tax returns, investment statements, loan documents or mortgage papers
• Legal documents, such as agreements related to your situation, court orders, separation agreements, wills or power of attorney documents
• Insurance papers, including your health insurance policies, auto insurance policies, property insurance policies or renter’s insurance policies
• Medical papers, such as your medical records, medical certificates or prescription information
• Educational and employment papers, including your degrees, employment contracts, performance reviews or letters of recommendation
• Asset and property papers, such as your vehicle titles, valuable assets or property titles
• Other relevant evidence, including any photographs, videos, witness statements, affidavits or expert reports in legal or technical matters

The U.S. asylum process is challenging without help from an immigration lawyer who’s familiar with the law. Preparing a legal strategy and your supporting evidence aid your asylum claim. An expert asylum immigration attorney also:

• Guides you to gather and organize the necessary documents, evidence and expert testimonies
• Helps you write credible and convincing affidavits that show the details of your persecution or fear of persecution
• Prepares legal briefs and documentation while explaining the laws, conditions and precedents that support your claims
• Ensures that you and your witnesses for testimony are prepared to explain your experience properly
• Conducts a mock asylum hearing to prepare you for the actual process
• Works on your appeal and further legal proceedings, if your claim was denied

What Happens in an Asylum Hearing?

The asylum hearing takes place in either a hearing room or a courtroom. Your hearing may take hours or even days to complete. Asylum proceedings follow specific steps, including:

1. Opening statements. The judge, an officer, the attorneys or government representatives make a statement explaining the purpose of the hearing and issues that need to be addressed.
2. You’re asked to provide testimony under oath regarding your personal experience that demonstrates the persecution or fear of persecution in your home country.
3. Cross-examination. Attorneys question you to clarify the details of your case. You experience direct examination by your attorney and cross-examination by a government attorney.
4. Witness testimony. If needed, you call a witness to provide testimony that supports your case. The witness may also be cross-examined.
5. Evidence presentation. Both you and the government may submit documentary evidence that supports their positions.
6. Legal arguments. Attorneys make the case for or against granting you asylum, based on immigration law and regulations.
7. Closing statements. A summarizing statement is presented by each side and may include a plea for why asylum should be granted or not.

How well you present your case is the most critical part of your case. You must be credible and consistent. Organize your story chronologically, focusing on key events that clarify your persecution — or fear of it — is based on your:

• Race
• Religion
• Nationality
• Political opinion
• Social group membership

What Are the Possible Outcomes of the Hearing?

The results of your hearing determine your success or failure to gain asylum. Possible outcomes include:

• Granting of asylum. If the judge believes you meet the requirements, you’re granted asylum status. This judgement allows you to stay in the U.S. and apply for a work permit. After one year, you can apply for a green card, which gives you a permanent residency in the country. You can then pursue naturalization to become a citizen.
• Denial of asylum. If the judge determines you don’t meet the criteria, your application is denied. Upon a denial, you may `placed in removal proceedings, which means you need to leave the country.
• Other forms of relief. If the judge doesn’t believe your story, but there are mitigating factors, you may get another form of relief, such as a withholding of removal or protection under the Convention Against Torture, which protects you from deportation.

To increase your chances of approval, listen to your NYC immigration lawyer. Other tips include:

• Describe the incidents of persecution and the impact those incidents had on you.
• Explain your fear of returning to your country.
• Bring all the relevant documents that support your claim.
• Stay calm during your hearing and speak clearly, answering questions with confidence.
• Make eye contact to convey sincerity.
• Address any gaps in your story with reasonable explanations.
• If applicable, state the reasons for the delay in filing your asylum application.

An experienced immigration attorney helps you gather the right materials to present and coaches you through the preparation. If your asylum application is denied, you have 30 days to appeal to the Board of Immigration Appeals, for which your immigration lawyer argues that the judge made an error. Contact Kats Immigration Law today to improve your chances for a successful asylum decision.