Do you need help seeking asylum so you can start fresh in the U.S.? The asylum process can feel daunting, but you don’t have to go through it alone. Knowing your rights and the right steps to take can make a significant difference in the outcome of your case, and that’s where the help of an experienced immigration lawyer comes in.
At Yaqubie Law, our team can guide you through each step of the asylum application process. We’ll work with you to gather the necessary documents, prepare a strong case, and advocate for your rights. With our help, you can move forward with confidence and focus on building a safer future. Contact us today to arrange your initial consultation, and let us help you start your journey toward a more secure life in America.
Understanding Asylum in the U.S.
Asylum status offers protection to those who face persecution in their home countries. If you suffer or are at risk of harm due to your race, religion, nationality, political views, or membership in a specific social group, you could qualify for asylum.
Once the U.S. grants you asylum, you can legally stay in the country and apply for work authorization so you can earn a living. You can also seek lawful permanent residency (a Green Card) and eventually U.S. citizenship if you are granted asylum.
The U.S. offers three main paths to asylum:
- Affirmative Asylum: You can seek affirmative asylum by filing an application directly with U.S. Citizenship and Immigration Services (USCIS). This option is only available to those who are not in removal proceedings. It requires an interview with a USCIS asylum officer who determines your eligibility for asylum.
- Defensive Asylum: Another option is to seek defensive asylum, which you can use as a defense against deportation in immigration court. This option is for those already in removal proceedings. In defensive asylum cases, an immigration judge reviews your case and makes a final decision on your asylum eligibility.
- Asylum Merits Interview: The third way to seek asylum is through an Asylum Merits Interview with USCIS after a positive credible fear screening. This involves requesting asylum at a U.S. port of entry or border by expressing a fear of persecution. If USCIS determines you have a credible fear of persecution, it conducts a non-adversarial Asylum Merits Interview. If USCIS denies you asylum after this interview, you can still pursue asylum defensively in a U.S. immigration court.
Benefits and Work Authorization for Asylum Seekers
Receiving asylum in the U.S. brings significant benefits. As an asylum seeker, you are eligible for work authorization, which allows you to work and support yourself in the country legally. Work authorization often becomes available once your asylum application has been pending for a specific period.
After receiving asylum, you can also access certain federal benefits. These include programs for healthcare, housing, and educational resources. Asylum status also lets you pursue lawful permanent residency after one year and, eventually, apply for full U.S. citizenship.
Eligibility Requirements for Asylum
You must meet specific eligibility criteria to qualify for asylum in the U.S. You must demonstrate that you experienced persecution or have a genuine fear of persecution in your home country. This fear must stem from one of five grounds: your race, religion, nationality, political opinion, or membership in a particular social group. You will need proof that you have suffered or are at risk of suffering harm if you return to your country.
Certain factors can make you ineligible for asylum. For example, you could face challenges if you have a history of serious criminal activities or previous asylum denials. Additionally, you must apply within one year of your last entry into the U.S. unless you can show other circumstances that affect your eligibility.
The Asylum Application Process
The asylum application process involves several important steps. First, you must complete Form I-589, Application for Asylum and for Withholding of Removal, and submit the form within one year of entering the U.S. After filing, you may receive a notice for a biometrics appointment, where officials will collect your fingerprints and photos.
If you applied for affirmative asylum, USCIS will schedule you for an asylum interview. You can share your story and provide evidence of your persecution during this interview. In defensive asylum cases, you must present your case to an immigration judge, who will decide whether to grant asylum based on your testimony and evidence. An immigration lawyer can help you prepare for your interview or court appearance and increase your chances of success.
Common Challenges in Asylum Cases
The asylum application process requires solid evidence to show that you face persecution. If you lack reliable documents, witnesses, or other forms of proof, officials might question the credibility of your claim. Additionally, the asylum process can involve lengthy wait times, leading to financial strain or uncertainty as you wait for decisions on your case.
Some asylum seekers also face language barriers, which can make it harder to present their stories. In defensive asylum cases, you risk deportation if your case is unsuccessful, which can add considerable stress to the process. These challenges might seem overwhelming, but working with an attorney can make it easier to address these common issues and improve your odds of a successful asylum application.
The Importance of Legal Representation in Asylum Cases
Legal representation is critical in asylum cases. An immigration lawyer can guide you through the application process, complete forms accurately, and gather necessary documents on your behalf. Your lawyer can also assist you in preparing a compelling narrative that clearly explains your fear of persecution, which can make a significant difference in your case. If you face defensive asylum proceedings, a lawyer can represent you in immigration court. They can present evidence, question witnesses, and build a strong case to protect you from deportation.
Contact Our Garden City Asylum Attorney Today
Take the first step toward securing your future in the U.S. by reaching out to Yaqubie Law today. Our team will work with you to prepare your asylum case and support you. Contact us today to begin your initial consultation and get your needed help.
Yaqubie Law, located in Garden City, also serves Manhattan, Brooklyn, Bronx, Queens, Staten Island, Syosset, Nassau County, Suffolk County, Long Island, and the greater New York.