New York City And Westchester Asylum Lawyers
We Are On Your Side
NYC And Westchester Asylum Lawyers
A Good Asylum Lawyer Can Be The Difference Between
Getting Approved And Getting Denied
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.
Does The Asylum Applicant Have to Be In Status When They Apply?
Our experienced asylum lawyers recommend filing for asylum as soon as possible because there are consequences for delaying the application. A person seeking asylum can apply whether they are in status or out of status, but there is a requirement that they apply within two years of entering the country. If they do not apply within two years which is called the one year rule, they have to provide a reason why they did not file for the application within that one year.
What Can Be The Valid Reasons For Not Filing Within Two Year?
There could be any number of valid reasons for not filling. For example, it could be that they were given wrong advice by their attorney; it could be that they have actually applied, but the application was somewhat lost. It would have to be approved by either an immigration court or the immigration authority which is called the USCIS.
What Steps Does Someone Need To Take If They Are Going To Be Applying For Asylum?
The steps to apply depends on whether they are applying under the affirmative asylum process which means they are applying and they are not in immigration proceedings or if they are in immigration proceedings and that is defensive. If they are in immigration proceedings, they would have to make an application to the judge presiding over their case and then the judge would allow the immigrant to file an asylum application. Then the judge would schedule the case for a hearing on the issue of whether they are eligible for asylum where they would have to present their proof. Of course, the government which is represented by the Department of Justice, their attorney would try to make sure that their application is complete and it is not fraudulent. They would cross examine any witnesses and question any evidence. Under the affirmative asylum process, where they are not in court, they simply just need to file a form with immigration and send the form to immigration with the appropriate proof.
Is There Any Recourse Available If An Applicant’s Asylum Case Is Denied?
It depends upon whether it is affirmative where you are applying not in court for an applicant’s case to be denied. If your application is denied by immigration, you have a right to have that application reviewed by an immigration judge who would review the application. You could present your application all over again, de novo and the judge will be able to make another decision.
If you are in immigration proceedings and you are denied you could appeal the immigration judge’s decision to the Board of Immigration Appeals which is sometimes known by the acronym as BIA. You can appeal that decision to the BIA. If you are not happy with the BIAs decision, you can appeal that decision to a Federal court and even if that is denied you have the right to go to the Supreme Court of the United States and appeal.
What Is The Role Of An Attorney In an Asylum Case?
The asylum attorney plays a very important role in this process. Attorneys in our office handle asylum cases from the Tristate areas, especially New York City and Westchester. Our asylum attorneys will gather information regarding the qualifications and whether or not there are eligibility issues with asylum. We take a detailed statement, which is required in an asylum application whether it is in court or not. An experienced asylum attorney is able to frame the issues, present the law and really flush out a very good statement that is needed to have the asylum application approved. If it is in court, he would be able to question witnesses; he would be able to present the case to an immigration judge and to provide the evidence in a reasonable order according to the law, and according to what the applicant requires.
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 25 years. 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.
