Eligibility for Asylum

Even if you absolutely meet the eligibility requirements for asylum in the United States, proving your case may be a whole other matter. That’s why you should rely on the services of an expert asylum immigration attorney at Kats Immigration Law in New York City. They provide the assistance you need to get the documents necessary to build your asylum case and present them successfully so you can be granted asylum. Call today for a consultation.

What Is Asylum in U.S. Immigration?

Asylum in U.S. immigration law is a humanitarian protection status that safeguards you from being returned to your home country where you face serious threats. Your fear of being victimized must be based on specific grounds like:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

If you’re an asylum seeker, you must be physically present in the United States or at a port of entry when you apply for asylum. You must file your asylum application within one year of your arrival in the United States.

If you or a family member is seeking asylum in the United States, take advantage of Kats Immigration Law in New York City. Alina Kats, an experienced, qualified asylum attorney, offers legal representation for asylum seekers. You can visit her in person or schedule a one-on-one virtual consultation  to understand the eligibility requirements, or if another path to immigration may be more suitable for you.

What’s the Difference Between Affirmative and Defensive Asylum Applications?

Affirmative asylum is designed for a person who is not currently in removal proceedings while defensive asylum helps those who are about to be deported from the U.S. For this defensive claim, you must request asylum as a defense against deportation in immigration court.

Whether you go with affirmative or defensive asylum, depends on your current immigration status. The main differences in both asylum types are one starts with U.S. Citizenship and Immigration Services (USCIS) and an asylum interview, while the other is part of removal proceedings, which require a court hearing. Other distinctions in these two applications include:

• Affirmative asylum is handled by USCIS asylum officers, while defensive asylum is handled by immigration judges in the Executive Office for Immigration Review (EOIR).
• If affirmative application is denied, you may be referred to immigration court to pursue defensive asylum, and if defensive application is rejected you can appeal to the Board of Immigration Appeals (BIA).
• You need to file Form I-589 Application for Asylum and for withholding of removal with USCIS for affirmative asylum, while in defensive asylum you submit Form I-589 to the EOIR.
• Affirmative asylum has a one-year filing deadline. There is no one-year filing deadline for defensive asylum applications.

Whether you’re applying for affirmative or defensive asylum application, you must argue that there have been changes in your home country that affected your eligibility to justify the delay in filing. These requirements are essential for you to prepare a successful asylum application.

How Can I Prove Persecution for Asylum Eligibility?

You can provide a personal statement of the incident you experienced with the information like dates, locations and the identities of the people who harmed you. If you were hurt physically, include doctor’s reports like X-rays and pictures of those injuries, as well as reports about psychological trauma due to the persecution regarding your mental health condition and treatment. Other reports that support your eligibility may include:

• Police reports. Submit any police reports you filed in your home country and provide records of your arrest and any court documents.
• Country condition reports. Use reports from authentic human rights organizations, which can prove conditions in your home country and the treatment of people in similar situations.
• Media reports. Collect any newspaper articles and news clips that cover the incident in your region.
• Membership and participation proofs. Evidence of your membership in political parties, social groups or organizations targeted in your home country and your participation in activities.

Make sure all your documents and statements match with each other; any difference can decrease your chances of getting approved. You must provide as much detail as possible to make your case stronger. An asylum attorney is vital to help you organize your evidence and clear the way for your successful submission.

What Benefits Can I Get after Being Eligible for Asylum?

You can gain the legal right to live in the United States, which protects you from being deported back to your country. You can also legally work, opening new opportunities for financial stability. You may have access to some social services and public benefits like healthcare programs, financial assistance and food stamps. Other benefits you may be entitled to include:

• Permanent residency. After one year of being granted asylum, you can apply for a green card and after five years, you can apply for U.S. citizenship through naturalization.
• Family reunification. You can petition to bring your spouse and unmarried children under 21 to the United States through derivative asylum status.
• Educational opportunities. You can have access to the public schools, universities and colleges.
• Travel outside the U.S. You can apply for a Refugee Travel Document, which allows you to travel outside the United States and return without risking your asylum status.

Asylum is not just about your legal status and benefits, it’s also a recognition of your human rights. Kats Immigration Law is here to serve you throughout every step of the process. Contact Kats Immigration Law located in Brooklyn and Manhattan to book a private in-person or virtual consultation.