What Is Asylum And Who Qualifies For It?

Asylum is a form of relief from a deportation. It is also affirmative relief in the respect that a person can apply for asylum even if they are not in immigration proceedings. There are two types of asylum. Defensive is the term used if you are immigration court. But if you are not in immigration court and you just want to get a relief to stay in the country that is called an affirmative asylum. Basically anyone that
is in the United States who wishes to stay here and can ultimately asylum can lead to permanent residency.

Any immigrant that does not have permanent residence here can apply, but they need to show that they have a fear of returning to their country. They have to show they suffered persecution based on five distinct topics or areas that they have been persecuted in their home countries as a result due to either race, religion, nationality, membership in a particular social group or political opinion.

How Does The Asylum Process Actually Work?

The asylum process differs on whether the person is applying for asylum in an affirmative application or a defense of the application. If the applicant is doing an affirmative application, meaning they are not in removal proceedings, that person will submit an application to a U.S.C.I.S service depending on where they live. Our NYC and Westchester Asylum lawyers have prepared thousands of asylum applications with a high rate of success. After the asylum petition is submitted,  the asylum seeker will be scheduled for an interview with an asylum officer. The officer will ask the asylum applicant questions to determine first eligibility for asylum. If the officer determines that the asylum applicant is eligible, they will grant asylum at the asylum office at that time. 

If they grant the asylum at the asylum office, they are given asylum status and in a year, they can apply for permanent resident status. The system is complicated, but our New York asylum lawyers, know the ins and outs of the process and how to get you through the asylum process successfully. 

If the person is currently in removal proceedings, meaning that they were caught and they were either at the border because they have some type of criminal history or because they overstayed, then they will file their asylum application directly to the judge at immigration court. Once in immigration court, they will fight for a relief through the immigration court. Our New York asylum lawyers have extensive experience in representing immigrants in immigration court, and our asylum lawyers know that thorough preparation of an asylum case, provides the best opportunity for success.  

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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New York, NY 10001

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