How To Get Asylum In USA

People seeking asylum in the United States include those who have previously experienced persecution there or who have what our government refers to as a “well-founded fear” that they may experience persecution in the future if they are compelled to return. That is not all, though. It must be due to the person’s ethnicity, religion, nationality, political opinions, or participation in a social group that harm has already been experienced or is anticipated. The “nexus requirement” is the term used in immigration legislation to describe the “because of” part.

Can You Give Me An Example Of A Few Cases You’ve Worked On?

The New York asylum attorneys at Lightman Law Firm have more than 15 years of combined expertise handling various asylum matters. a few instances

  • An individual who dreaded going back to his own nation (in the Western region of Africa), where he had previously been persecuted for his political activism. This would be “past persecution” motivated by political beliefs.
  • A gay guy who escaped to the United States after being brutally assaulted in a former USSR (Soviet) country for being LGBT. This would constitute historical discrimination against a social group.
  • A lady who underwent a forced conversion from one faith to another and was from a Central Asian nation (also a former USSR).
  • a Caribbean transgender person who was violently assaulted before arriving in the United States. This would be an instance of prior discrimination based on membership in the social group known as LGBT.

 

These are but a few illustrations. Our group of asylum attorneys in New York has handled cases from countries including, but not limited to, Russia, Ukraine, Jamaica, Kyrgyzstan, Kazakhstan, Trinidad & Tobago, many West African republics, and Central America.

What Is The Asylum Application Process Like?

You will be “affirmatively” requesting asylum from USCIS if you have never been arrested by immigration or put into removal proceedings. This indicates that you and your attorney are “making the first move,” so to speak, by filing your application rather than responding to or defending against actions that have already been brought against you. Your application is “defensive” if you are already the subject of legal action or have been imprisoned.

I-589 is the form used to apply for asylum. A lot of information about you, your family, and the reasons you’re frightened to go back to your place of origin are requested on the long application. It is written in English. When completing the I-589 asylum application, it is crucial that you deal with a qualified and experienced immigration asylum lawyer since whatever you include there might be used against you in the future. By trying to “do it yourself,” don’t take a chance.

When Will I Get My Asylum Office Interview?

You will receive a confirmation from USCIS that they have received your application for asylum once you have submitted it. Keep your receipt in a secure location, please! After that, you could get a call to schedule a time to get your fingerprints taken. Pay close attention to all the directions on the appointment announcement. With regard to asylum requests submitted after January 2018, the Asylum Office now follows the “last in, first out” rule. [Our blog entry on the topic is available here.] As a result, we can see that the Asylum Office will be conducting interviews in about 5 to 6 weeks.

What Is The Interview Like?

You have the opportunity to present your case for asylum to the American government during the interview. It is imperative that you have an experienced asylum attorney on your side who can help you prepare for the types of questions the officer will ask. Additionally, he or she can assist you in gathering additional country-specific evidence that you can provide to the officer to support your case.

It might also be quite beneficial to attend the interview with your asylum attorney. Despite the fact that the officer conducts the interview, your asylum lawyer has the opportunity to make a “closing statement,” in which he or she can summarise the key testimony, make reference to supporting documentation, and draw the officer’s attention to specifics that will help make a strong final argument on your behalf.

If I Win Asylum, When Can I File For A Green Card?

Yes! You are eligible for a green card one year after being awarded asylum (by the Asylum Office or by an immigration judge) (permanent residency). Your green card application should be handled by an asylum attorney since it is quite intricate and thorough, and any mistakes might result in delays or even the denial of your application. You can eventually seek to become a citizen of the United States if you are awarded a green card!

 

Contact us to set up a consultation so that we can learn more about your situation.

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